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Does the minimum wage include social security?

1. Does the minimum wage include social security?

1, the minimum wage does not include social security. The minimum wage standard is the minimum wage paid by the unit after deducting overtime pay, allowances under special circumstances, social security and other expenses under the condition of normal labor provision. Social security is deducted from the individual's monthly salary by the company. If it is payable, it is legal that the salary before deducting social security is not lower than the local minimum wage.

2. Legal basis: Article 12 of the Minimum Wage Regulations.

Under the condition that the laborer provides normal labor, the wages that the employer should pay to the laborer shall not be lower than the local minimum wage 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.

Two, the minimum wage standard has four situations.

1, the minimum wage includes social insurance premiums paid by employees, including pension, medical care, unemployment insurance premiums and housing accumulation fund. In other words, employees need to pay social insurance premiums and individual contributions to housing provident fund from the minimum wage they receive. This is the case in Zhejiang and Guangdong;

2. Employees need to pay individual contributions of housing provident fund from the minimum wage they receive, and individual contributions of social insurance need not be deducted. That is, employees need to meet the minimum wage standard, and the individual contribution of housing provident fund can be deducted from the salary received, which is the policy implemented in Jiangsu;

3. Social insurance premiums and housing accumulation funds paid by individuals should be deducted. In other words, after deducting social insurance premiums and individual contributions of housing provident fund, the salary received shall not be lower than the minimum wage. Shanghai and Beijing are all like this;

4. Deduct other items.