Job Recruitment Website - Social security inquiry - Does the compensation for termination of the contract include social security (compensation for termination of labor contract and economic compensation)?
Does the compensation for termination of the contract include social security (compensation for termination of labor contract and economic compensation)?
Economic compensation includes social security individual contributions.
But it does not include the company's contribution.
Article 27 of the Regulations for the Implementation of the Labor Contract Law clearly stipulates that economic compensation shall be calculated according to the wages due to the workers, not according to the actual wages.
Earned wages include basic salary, post salary, performance bonus, car stickers, housing stickers and other subsidies, overtime pay, commission, personal social security contributions and personal income tax are deducted from these total wages, and of course they should also be included in the base of economic compensation.
Legal basis:
Article 27 of the Labor Contract Law of People's Republic of China (PRC) The monthly salary of economic compensation stipulated in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the workers, including hourly wages or piecework wages and monetary income such as bonuses, allowances and subsidies.
If the average wage of the laborer in the month 12 before dissolution or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard. If the laborer works less than 12 months, the average salary shall be calculated according to the actual working months.
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