Is the minimum wage deducted from social security?

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 statutory working hours or the working hours stipulated in the labor contract signed according to law. Regarding whether the minimum wage standard deducts social security, in fact, the minimum wage standard does not include social insurance premiums and housing accumulation funds that individual workers should pay.

The minimum wage standard is the minimum income standard set by a country or region to ensure the basic life of workers, which embodies the respect and protection of workers' rights and interests. When determining the minimum wage standard, many factors are usually considered, including the level of economic development, price level, employment situation and the family burden of workers.

When discussing whether the minimum wage standard includes social security, it is first necessary to clarify the nature and payment method of social security. Social security is a kind of social security fee paid jointly by workers and employers, which aims to ensure that workers can get certain economic support when facing risks such as unemployment, illness and work-related injuries. Social security costs are usually borne by individual workers and employers in a certain proportion.

According to the relevant laws, regulations and policies, the minimum wage standard does not include social insurance premiums and housing accumulation funds that individual workers should pay. This means that when calculating the minimum wage of workers, social security fees will not be deducted from it. When the employer pays the wages of workers, it shall pay the wages higher than the minimum wage in accordance with the agreement, and withhold and remit the social security fees that the individual workers should pay.

Therefore, the minimum wage standard is actually a concept of "net wage", which reflects the minimum income that workers can get after providing normal labor. Although employers need to withhold and remit social security fees when paying wages, this does not affect the determination and payment of minimum wage standards.

To sum up, the minimum wage standard does not include social insurance premiums and housing accumulation funds that individual workers should pay. When paying the wages of workers, the employing units shall abide by the relevant laws, regulations and policies, and ensure that the workers get an income not lower than the minimum wage.

Legal basis:

Minimum wage regulations

Article 12:

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.

Labor law of the people's Republic of China

Article 48:

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.