I m a teacher. Because of my work related injury, the school deducted my performance salary. Is it c

1.If it is not lawful, the employer shall pay the injured employee wages for the period of suspension with pay according to the original wage standard.

2.According to Article 33 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

3.Generally speaking, the salary for the period of work-related injury suspension should be based on the average salary of the injured employee in the 12 months prior to the injury.

4.However, in practice, many units are issued according to the basic salary, regional minimum wage standards, etc., which is illegal, and injured employees can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect their legitimate rights and interests, if there is anything they do not understand, they can directly call 12333 to consult the local labor department.

Incorrect. Teachers are also part of the staff. If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. If it is a work-related injury, it should also be entitled to work-related injury benefits.

This is certainly not true. My sister is a lawyer and she is next to me. She said you can communicate with her, and if you can't, you can sue.

If it is indeed a work-related injury, the employer has no right to deduct your wages, first you have to go to the labor arbitration commission to apply for arbitration, if you are not satisfied, you can also go to the law to sue

Legal analysis: performance appraisal salary can not be deducted in full, performance salary is distributed through the assessment of employees, generally including index completion, quality assessment, safety assessment and other aspects, should be the bonus part, should not be linked to the basic salary. Work-related injuries** and the rest period are collectively referred to as the period of suspension with pay, and during the period of suspension of work, the original wages and benefits remain unchanged and are paid by the employer on a monthly basis.

Legal basis: Article 33 of the "Regulations on Work-related Injury Insurance" If an employee is injured in an accident or suffers from chiropractic disease and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.

If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Summary. Hello, not legally. According to Article 23 of the Teachers Law, schools are not allowed to deduct teachers' performance salaries. In addition, according to Article 35 of the Education Law of the People's Republic of China, schools are not allowed to draw teachers' salaries in any form.

Hello, not legally. According to Article 23 of the Teachers Law, schools are not allowed to deduct the performance salary of a teacher who has been dismissed. In addition, according to Article 35 of the Education Law of the People's Republic of China, schools are not allowed to extract teachers' salaries in any way.

Hello. Is it legal to withhold teachers' performance pay?

Legal basis: According to the first paragraph of Article 67 of the Labor Law of the People's Republic of China, "the employer shall not reduce or collect the wages due to the employee without authorization."

Teacher performance pay is the salary that the laborer is entitled to, so it is illegal to deduct the teacher's performance salary.

This is illegal.

What about absenteeism deduction performance?

Is it illegal? This is not illegal. According to Article 66 of the Labor Contract Law, the employer may conduct a performance appraisal of the employee based on his or her work performance, and give necessary rewards or penalties based on the appraisal results, including the punishment of being stupid or deducting wages.

Therefore, the employer has the right to deduct performance for absenteeism.

[Legal Analysis].Public institutions do not have the right to deduct teachers' salaries, and performance wages must be reasonably paid according to the performance appraisal plan and results at the end of the year. If a teacher violates the Teacher Act and other relevant laws, it will be dealt with in accordance with the relevant laws, and there is no penalty for deducting money.

[Legal basis].Article 67 An employer shall not set up a labor dispatch unit to dispatch workers to its own unit or its subordinate units, and the wages of the labor dispatch contract shall be subject to tax deduction.

Legal analysis: It is reasonable and compliant for employees to deduct all performance wages for work reasons. Performance-based pay is another term for bonus, which refers to the additional wages paid by the employer in addition to the basic salary, and if the employer is in arrears of wages, the employee can complain to the labor inspection department or apply to the labor dispute arbitration commission for labor arbitration.

When making a complaint, a copy of the applicant's ID card and evidence of the relevant arrears of wages should be provided. If the employee still fails to pay after being ordered, the employee may request the employer to pay compensation.

Legal basis: Teachers Law of the People's Republic of China

Article 25: The average salary level of teachers shall not be lower than or higher than the average salary level of state civil servants, and gradually increase. Establish a normal promotion and salary increase system, and the specific measures shall be stipulated by ***.

26th primary and secondary school teachers and vocational school teachers enjoy teaching age allowance and other allowances, specific measures by the administrative departments of education in conjunction with relevant departments to formulate.

Article 38: Where local people** violate the provisions of this Law, default on teachers' salaries, or infringe upon teachers' other lawful rights and interests, they shall order them to make corrections within a set period of time. Where the state financial system or financial system is violated by misappropriating state funds for education, seriously obstructing education and teaching work, arrears of teachers' salaries, or harming the lawful rights and interests of teachers, the organ at the level above shall order the return of the misappropriated funds within a set period of time, and give administrative sanctions to the directly responsible personnel; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.

Legal Analysis: It is illegal to deduct a part of a teacher's salary as a performance salary, and you can file a complaint with the local education department to the Imperial Bureau, or if it is a labor relationship, to the local labor inspection brigade. Imitation.

Legal basis: "Teachers Law of the People's Republic of China" Article 39: Where teachers are dissatisfied with the disposition made by a school or other educational institution that violates their lawful rights and interests, or are dissatisfied with the disposition made by the school or other educational institution, they may submit a complaint to the administrative department for education, and the administrative department for education shall make a disposition within 30 days of receiving the complaint. Where teachers feel that the relevant administrative departments of the local people** have violated their rights in accordance with the provisions of this Law, they may submit a complaint to the people** at the same level or the relevant departments of the people** at the level above, and the people** at the same level or the relevant departments of the people** at the level above shall make a disposition.

Performance pay is based on the quantity and quality of completion as a standard requirement, both in line with the natural reward, otherwise deducted, there is a certain standard, can not be customized at will.

Enterprises and employers may reward or deduct wages to employees based on performance appraisals, but they cannot arbitrarily deduct or reward employees.

When deducting performance wages, the company should negotiate with the employee to return to the potato, and if the negotiation fails, collect evidence, apply to the labor arbitration department to directly submit arbitration, and require the employer to pay the deducted wages. If the parties are dissatisfied with the outcome of the arbitration, they can resolve the matter by filing a lawsuit.

According to the relevant laws and regulations, if there is no stipulation in the labor contract or collective contract, the employer and the employee representatives may determine the wage through collective wage negotiation, and the result of the negotiation shall be a collective wage agreement.

Labor Law of the People's Republic of China

Article 78 In the settlement of labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling. Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. Article 80 A labor dispute mediation committee may be established within an employer. The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives.

The chairman of the labor dispute mediation committee shall be a representative of the trade union. Article 82 The party making the request for arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration.

If there is no objection to the arbitral award, the parties must perform it. Article 83 Where a party to a labor dispute accepts that the arbitral award is not missing, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.