Personnel And Labor: The Minimum Wage Includes Social Insurance Premiums Paid By Individuals.

The minimum wage standard takes into account the factor of social insurance premiums paid by individuals.

Liu signed a labor contract with A company for a period of February 1, 2014 to January 31, 2015. The contract stipulated that Liu's monthly salary was 1350 yuan (the local minimum wage). After 4 months' work, Liu found that the amount of 830.7 yuan was deducted from the premium deducted by the company, which was obviously lower than the local minimum wage standard. In the case of requiring the company to renew its losses, Liu applied for arbitration in June 1, 2014 and asked A to make up the difference of the minimum wage level of 2077.2 yuan. After hearing by the Arbitration Commission, it was found that the amount of Liu Moushi's money was 830.7 yuan. The reason was that A company deducted the 519.3 yuan of social security premiums payable by Liu's individual. Accordingly, the Arbitration Commission dismissed Liu's case in accordance with the law without conciliation. arbitration Request.

Comment and analysis: Minimum wage regulation "The sixth article clearly points out that the minimum wage for local workers and their dependents should be determined and adjusted, and the minimum living expenses of local workers and their urban residents should be taken into consideration. Consumer price Index, the social insurance premiums paid by workers and staff members, housing provident fund, average wage of workers, economic development level, employment status and other factors. Accordingly, the minimum wage standard takes into account the factor of social insurance premiums paid by individuals. Therefore, the minimum wage standard includes the social insurance premiums paid by individuals. That is to say, when the employer withholds social insurance premiums in accordance with the law, the actual wages paid by the laborers may be lower than the local minimum wage standard.

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Miss sun has been in an enterprise for a year and a half. In December 2014, Miss Sun asked the company to take a sabbatical leave, but was rebuke by the manager of the enterprise's human resources department: the enterprise agreed that the employee would not enjoy the benefits of paid annual leave, and if he had to take a vacation, he would deal with absenteeism. Miss sun was afraid of losing her job because she had no choice but to speak.

According to the second provision of the regulations on annual paid leave for employees, which was formally implemented in January 1, 2008, it is stipulated that employees, such as organs, groups, enterprises, institutions, private non enterprise units, employees of individual businesses, etc., who work for more than 1 years, enjoy paid annual leave. The unit shall ensure that employees enjoy annual leave. Employees enjoy the same wage income during the annual leave period. The third provision stipulates that the accumulated work for 1 years is less than 10 years, the annual leave is 5 days; the 10 year's less than 20 years, the annual leave is 10 days; the 20 year's annual leave is 15 days. The fifth third paragraph stipulates that the number of days off should be paid by the worker in accordance with the 300% of the employee's daily income.

It can be seen that paid annual leave is the right of employees, not the manager of Human Resources Department of an enterprise. As long as employees have labor relations with enterprises and meet the basic requirements of continuous work for more than 1 years, they are entitled to statutory annual leave with pay, regardless of whether the unit's rules and regulations provide for paid annual leave, or even the unit's rules and regulations clearly stipulate that no paid annual leave is entitled to the annual leave with pay.

Miss sun should have the right to take paid annual leave, and the enterprise must also perform the obligation to grant miss sun to enjoy the annual leave with pay according to law. Some enterprises have repeatedly resorted to some measures to avoid employees' annual leave, including asking employees to sign an agreement without annual leave or abandoning their annual leave, to break the time limit of their annual leave by waiting time or visiting relatives, to set the time limit for their leave of absence at random, to oversee them as voluntary abandonment or automatic abandonment, etc. If these circumstances happen, employees can bring together labor relations certificate, annual leave application form, unit leaders' approval and other information to complain to the labor and social security supervision department, and request them to order the employer to pay annual leave and compensation according to their functions and powers.