When an employee establishes an employment relationship with an employer, the employer shall pay social insurance premiums for the employee in accordance with the law, which is the legal obligation of the employer and the welfare benefits enjoyed by the employee in accordance with the law.
The social security costs are borne by the employer and the employee, but in reality, employees who encounter some long-term sick leave, personal leave, or during some special times, such as the Spring Festival holiday. The employer may choose to suspend the employee's insurance or require the employee to bear the full amount of the social insurance premium. Is this a legal operation?
From the employer's point of view, the employer believes that the reason for the failure to provide labor is not the employer's because the employee has not provided labor to the employer, and the employer has not enjoyed the fruits of the employee's labor. It is not the fault of the employer, so the employee should not be entitled to the benefits of social security.
We can understand the employer's considerations, but the employer is breaking the law by doing so.
If an employee takes personal leave, the employer may pay wages in accordance with its own rules and regulations, and may even deduct the full amount of wages, but as long as the labor contract relationship exists, the employer must pay social insurance premiums for the employee, and there is no relevant provision to exempt the employer from the obligation to pay social insurance premiums.
The same is true for an employee who takes sick leave, and the enterprise shall pay the sick leave pay or sickness relief allowance in accordance with the relevant regulations during the prescribed medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard. Outside the medical treatment period, the employer can pay wages according to its own rules and regulations, but it still needs to pay social security for the employee in accordance with the law.
To put it simply, as long as the employment relationship is not terminated, the employer cannot be exempted from the obligation to pay social insurance for the employee.
What should I do about the personal part of the leave period?
From a legal point of view, the part of social security expenses that should be borne by the individual should be borne by the individual at all times, and the employer is not obliged to bear this part of the expenses. As a social security contributor, the employer can directly deduct the salary of employees on long vacation, if the salary is enough to pay the personal part, and if it is insufficient, the employee can be required to make up for it.