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Does the minimum wage in Beijing include social security?

Article 3 of the Minimum Wage Regulations (Decree No.2 1 of the Ministry of Labor and Social Security) stipulates that the minimum wage standard refers to the minimum labor remuneration that the employer should pay according to law on the premise that the laborer provides normal labor within the legal working hours or the time stipulated in the labor contract signed according to law. Article 12 stipulates that, under the condition that laborers provide normal labor, the wages that employers should pay to laborers shall not be lower than the local minimum wage after deducting the following items: (1) wages for extended working hours; (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. Therefore, overtime pay should not be included in the minimum wage. It is illegal for an employer to be lower than the local minimum wage after deducting overtime pay.

It is doubtful whether the minimum wage includes social insurance premiums and provident funds that individual workers should pay. The minimum wage regulations are not clear, and the regulations vary from place to place, which needs to be judged according to local specific regulations. For example, in Beijing, it is clear that individual workers should pay social insurance premiums such as pension, medical care and unemployment, and the housing accumulation fund paid by individual workers is not included in the minimum wage, that is, the income after deducting these "fees" and "funds" shall not be lower than the minimum wage.

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