Deduction Of Social Security Personal Commitment Part Of The Actual Salary Can Be Lower Than The Minimum Standard.

After graduating in June 2014, Xia applied for an advertising agency to work in front office. The two sides agreed that the monthly salary of 1600 yuan in summer. But after deducting the personal payment of social insurance premiums, Xia actually received less than 1400 yuan of wages. Xia Mou thinks the salary of 1400 yuan / month is lower than the local minimum wage standard 1500 yuan / month, it is an illegal act, then complain to the labor supervision department.

After receiving the complaint, the staff replied: minimum wage The notifications of several specific issues ([2006]387 No. [2006]387) stipulate that "the social insurance fee paid by the employer according to law, and the non monetary income provided to the workers by subsidizing food, housing or providing to the workers shall not be deducted from the minimum wage standard." Worker Individuals should pay Social insurance premium And housing provident fund is included in the minimum wage standard. Therefore, the unit commitment part of the social insurance premium can not deduct the wages of the workers after the unit is paid, and the employees' personal commitment is partly included in the minimum wage standard. Xia Mou wages is 1600 yuan / month, withholding part of the social insurance premiums after personal commitment is lower than the local minimum wage standard of 1500 yuan / month, is within the scope permitted by law.

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To a certain company in 2009 10 months. When the company recruits, it is the "head of the Department of administration" when it is engaged with an oral contract, but when signing a labor contract, the column in the contract text is marked as "the head of the administrative department and other management posts". Later, a contradiction arises between a job manager and a manager. Under the operation of the manager, the company will transfer the post to the head of the logistics department. To a certain dissatisfied, but the company thought that the post adjustment did not violate the stipulation of the labor contract. Seek legal help from a federation of trade unions in Guangzhou. The general law department of Guangzhou has made an answer.

The sixteenth provision of the labor contract law stipulates that the labor contract shall be negotiated by the employer and the laborer and shall be signed or sealed by the employer and the laborer in the labor contract text.

In this case, when a written contract was signed, it failed to seriously examine the terms of the contract, and ignored the ambiguity. When a company unilaterally uses the terms of the contract, it traps a company falling into the company. Under such circumstances, the resistance to certain rights is very large. There are two ways to deal with this case: if we can accept the position and salary standard of the logistics department, we can agree to the adjustment of the company's position; if it can not accept it, we can propose the rescission of the labor contract, and if we can get the economic compensation, we will finally depend on the award of the labor dispute arbitration institution.

When signing a labor contract, laborers must see clearly the key issues such as jobs and so on. The problems that are too broad for the post rules can be submitted to the employer in time, and after consultation and revision, the labor contract will be signed after reaching a consensus, so as to avoid the damage of future rights and interests and the restriction of rights protection due to the lack of strict labor contracts.

In regard to the problem of job mobility, if the work is signed at a hierarchical level, that is, the unit is divided into senior management, middle level and ordinary management posts, the workers can be divided into technical, first-line, logistic post, and the positions can be changed at the same level. The changing posts at different levels should be resolved through consultation between the two sides. If the two sides fail to negotiate and terminate the labor contract, the employer should pay the laborers economic compensation.