How to calculate the employee's vacation social security? How many days does the company give itself social security leave?

It should be clear how many days the company will give social security leave and bear this clause by itself.

In the process of going to work, we often encounter the situation of asking for leave, because for some reasons, we need to ask for leave to rest or go out to deal with things. However, some companies stipulate that taking three days off requires us to pay social security at our own expense. Social security is our right as employees, and many companies will help employees pay social security. What's going on here? How long does it take to pay social security for leave?

How many days does the company give itself social security leave?

Asking for leave has nothing to do with social security fees, but in reality many units have similar regulations. Please read it carefully when signing the labor contract. Providing social security for employees is a legal obligation of the unit and cannot be cancelled due to reasons such as leave. As long as you are on the job, the unit has the obligation to help you pay social security. During the existence of labor relations, the unit shall pay social security normally, and the social security expenses shall be borne by the unit and the employee himself.

During the contract period, if the employee asks for leave with the consent of the unit, the employee only needs to pay the personal part of the insurance, and does not need to bear the part that the unit should bear. According to the provisions of the Social Insurance Law of People's Republic of China (PRC), the monthly social security fee paid by employees consists of two parts, one part is paid by the employer and the other part is borne by the employees. The part borne by the laborer shall be withheld and remitted by the employer in the monthly salary of the laborer.

According to the provisions of the Social Insurance Law of People's Republic of China (PRC), the monthly social security fee paid by employees consists of two parts, one part is paid by the employer and the other part is borne by the employees. The part borne by the laborer shall be withheld and remitted by the employer in the monthly salary of the laborer.

It is legal risk to stipulate that the social security expenses that should be borne by the employer should be borne by the individual workers during the personal leave period. The reason is:

1. It is the legal obligation of the employer to pay social insurance for workers, and this legal obligation of the employer cannot be reduced or exempted by agreement.

2. The employee's personal leave is approved by the employer. The employing unit shall not approve the employee's personal leave, or stipulate that the employee will not be paid during the personal leave. However, the reason why employers do not pay social security on the grounds that employees have not provided labor is not sufficient and has no legal basis.

3, the labor contract is suspended due to legal and agreed circumstances, the unit can not pay labor remuneration and stop paying social insurance premiums. In addition, during the existence of labor relations, there is no other stipulation that units can not pay social insurance premiums. Obviously, the employee's personal leave is not the same as the termination of the labor contract for some reason. In this regard, it is unreasonable for the unit to require employees to bear the social security expenses during the personal leave period.

As for the expenses that should be borne by employees themselves, it is not illegal for employers to deduct them from wages. This part of the cost should have been borne by the workers themselves. Because the laborer didn't provide labor and didn't get paid, the employer actually paid this social security fee for the laborer, and the employer has the right to deduct it from the laborer's future salary. However, it should be noted that the monthly deduction shall not exceed 20% of the employee's monthly salary and shall not be lower than the monthly minimum wage.

Therefore, no matter whether the employee's leave is more than 7 days or more than 15 days, if the employee's leave is approved by the company during the contract period, the employee only needs to pay the personal part of the insurance, and does not need to bear the part that the company should bear. The Social Insurance Law clearly stipulates that employees must withhold and remit the "five insurances" within 30 days after signing the labor contract with the employer, and also stipulates that enterprises with "holiday problems" can allow employees to pay social security in full.