After the company bought social security for its employees, their wages dropped. Is it reasonable and in line with the labor law?

If the company pays social security, it is reasonable to deduct the social security expenses that should be borne by the individual from the salary, resulting in a decrease in wages, which does not violate the labor law. If the company pays social security and lowers the wage standard agreed with employees without authorization, it is against the labor contract and labor contract law of both parties. You can ask the unit to pay wages according to the standards agreed in the labor contract through arbitration.

Legal analysis

Labor remuneration refers to the labor income paid directly by the employer to the laborer according to the relevant provisions of the state or the labor contract, and according to the laborer's post, skills, quantity and quality of work. When the laborer has fulfilled his labor obligations, the employer shall pay the labor remuneration in full and on time according to the amount and date stipulated in the labor contract or national laws and regulations, and it is forbidden to deduct or default the labor income of the laborer without reason. Payment of labor remuneration is also a necessary clause stipulated in the labor contract. If the employer fails to pay the labor remuneration in full and on time in accordance with the labor contract, it is a violation of the labor contract and an infringement on the legitimate rights and interests of the workers. Workers have the right to notify the employer to terminate the labor contract at any time. The rules and regulations of the employing unit violate the provisions of laws and regulations. Rules and regulations are the rules and regulations formulated by employers to ensure that workers fulfill their labor obligations and enjoy their labor rights. First of all, the content of rules and regulations should be legal. That is, the content shall not violate the provisions of the national constitution, labor law, labor contract and other laws and regulations, and shall not conflict with the contents of labor contracts and collective contracts. Because labor contracts, collective contracts and rules and regulations often involve the provisions of working conditions and treatment, labor contracts and collective contracts are the result of consensus between workers and employers, and rules and regulations are unilaterally formulated by employers, which requires that the provisions of rules and regulations on working conditions and treatment shall not be lower than those stipulated in the contract. Secondly, the formulation and promulgation procedures of rules and regulations should be legal.

legal ground

"Interim Provisions on Payment of Wages" Article 15 The employing unit shall not deduct the wages of workers. Under any of the following circumstances, the employer may withhold the wages of the workers: (1) Personal income tax withheld and remitted by the employer; (two) social insurance premiums withheld by the employer and borne by the individual workers; (3) The alimony and maintenance expenses required to be withheld by the court's judgment or ruling; (four) other expenses that can be deducted from the wages of workers as stipulated by laws and regulations.

Article 38 of the Labor Contract Law of People's Republic of China (PRC) * * * The employee may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

Article 91 of the Labor Law of People's Republic of China (PRC), if an employing unit infringes upon the legitimate rights and interests of workers under any of the following circumstances, the labor administrative department shall order it to pay the workers' wages and economic compensation, and may also order it to pay compensation: (1) Deducting or delaying the wages of workers without reason; (2) Refusing to pay overtime wages to laborers; (3) Paying workers' wages below the local minimum wage standard; (4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.