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Does the minimum wage include social security?
1. The prerequisite for obtaining the minimum wage is that the laborer provides normal labor within the legal working hours;
2. The minimum wage standard is determined by the government through legislation;
3. As long as the laborer provides normal labor within the legal working hours, the labor remuneration paid by the employer shall not be lower than the minimum wage standard stipulated by the government.
The following items do not belong to the minimum wage standard, and the employer shall pay separately according to the regulations:
1, allowance for workers in special working environments and conditions such as middle shift, night shift, high temperature, low temperature, underground, toxic and harmful;
2. Workers deserve overtime and extra pay;
3. Social insurance premiums and housing accumulation funds that employees should pay;
4, according to the provisions of the state and the city is not included in the minimum wage standard of other income.
Legal basis: Article 48 of the Labor Law of People's Republic of China (PRC).
The state implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.
The wages paid by the employer to the workers shall not be lower than the local minimum wage.
Article 49
To determine and adjust the minimum wage standard, we should comprehensively refer to the following factors:
(a) the minimum living expenses of the workers themselves and the average dependent population;
(2) the average social wage level;
(3) labor productivity;
(4) Employment status;
(5) The difference of economic development level among regions.
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