Job Recruitment Website - Social security inquiry - Basic salary-individuals shall not be lower than the minimum wage after paying social security. Right?
Basic salary-individuals shall not be lower than the minimum wage after paying social security. Right?
According to Article 12 of the Minimum Wage Regulation issued by the Ministry of Labor and Social Security of People's Republic of China (PRC) (No.21), the wages that the employer should pay to the workers shall not be lower than the local minimum wage standard after deducting the following items:
(1) Extending working hours and wages;
(2) allowances under special working environments and conditions such as middle shift, night shift, high temperature, low temperature, underground, toxic and harmful;
(3) Employees' welfare as stipulated by laws, regulations and the state, etc.
The employing units that implement the wage forms such as piecework wage or royalty wage shall not pay workers wages lower than the corresponding minimum wage standard on the basis of scientific and reasonable labor quota.
If the laborer fails to provide normal labor within the statutory working hours or the working hours stipulated in the labor contract signed according to law due to his own reasons, the provisions of this article shall not apply.
The welfare benefits of workers stipulated by laws, regulations and the state mainly refer to: social insurance premiums such as pension, medical care, unemployment, work injury and maternity paid by employers according to law; The cost of training employees; Expenses and articles distributed to employees to implement the relevant national labor safety and health regulations, as well as work articles specified by enterprises themselves (such as work clothes distributed to employees by enterprises to establish their own image); Family planning subsidies, subsidies for living difficulties, medical and health expenses, funeral pensions, travel expenses for visiting relatives, washing and sanitation expenses, winter heating subsidies, heatstroke prevention and cooling expenses, etc. Issued to employees; The employer pays food subsidies and large housing subsidies; Housing accumulation fund paid by employers for employees, etc.
It can be seen that the wages paid by the employer shall not be lower than the local minimum wage after the laws and regulations and the welfare benefits provided by the state are put forward. Social security belongs to the welfare treatment of workers stipulated by the state, so it is illegal for the employer to pay less than the minimum wage after deducting social security.
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