In the event of a labor dispute with the company, the company directly deducts the salary, and it is

Personally give some advice. The entry point can be placed on the content of the employment contract. The content of the labor contract is determined, that is, the salary, the content of the work, and the position.

The employer needs to negotiate with the employee to change the content of the contract. Article 35 of the Labor Contract Law stipulates that the employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

Second, taking a step back, there is a labor contract for job adjustment and salary reduction, and the employee is not allowed to negotiate, which deprives the employee of his rights and interests to a certain extent, and you can apply to the arbitration commission to find it invalid. Moreover, if this is not possible in time, the company unilaterally transfers you and reduces your salary, and when you are in an arbitration lawsuit, the company should provide evidence to prove the basis of its own practice, and the reasonableness and legitimacy. If there is no evidence to support the work, the arbitration committee should also support the employee's request.

Thirdly, you can also think about yourself: because the company assigns heavy tasks, you can't complete the tasks. Conduct the presentation of evidence.

The company has the right to adjust the position of the worker according to its own production and operation needs, and the worker has the obligation to obey. If the employee does not comply, the employer may terminate the labor contract without giving economic compensation.

Failure to pay wages in a timely manner. The labor contract shall be signed by both parties. and on the grounds of unpaid overtime for increased workload.

The company can deduct money through labor arbitration. If the company fails to deduct money and mediate, it may apply to the Labor Dispute Arbitration Commission for arbitration. If the company violates the labor contract and fails to pay the labor remuneration in full and in a timely manner, negotiate with the employer, and ask the labor union or a third party to negotiate with the employer; If the negotiation fails, it may apply to the mediation organization for mediation, and if it is unwilling to mediate or the mediation fails, it may apply to the arbitration commission where the employer is located for arbitration.

If they are dissatisfied with the arbitral award, they may file a lawsuit with the people's court. If the party confirms that the employer has not violated the rules and regulations of the employer, or if the employee has caused losses to the employer, and the employer requires the employee to bear responsibility, and the deduction of wages exceeds 20% of the monthly salary of the party, it is an arbitrary deduction of wages by the employer, and the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may report to the local labor inspection administrative department or apply for labor arbitration, etc.

Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Can labor arbitration arbitrate a foreign company?

Labor arbitration can arbitrate foreign companies, and disputes involving labor remuneration can be applied for arbitration. Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. The place of performance of the labor contract refers to the place where the labor relationship is actually performed; The location of the employer generally refers to the place of registration and registration of the employer.

The parties applying for arbitration shall collect, fill in and submit the application form to the labor arbitration department within 60 days from the date of occurrence of the labor dispute. The petition should be filled out with a pen in duplicate and should state the time, facts and reasons for the dispute. And indicate the date of filling, my mailing address, neat handwriting, concise text.

1. Can Yinling Company deduct money from labor arbitration?

1. The company can deduct money through labor arbitration. If you encounter labor problems, you can apply for arbitration, and apply for labor arbitration process

1) The employee shall submit an application for labor arbitration to the local labor arbitration commission within one year from the date of damage to the rights and interests;

2) The arbitration commission shall hear and reply to the applicant's arbitration application within five days;

3) The arbitral tribunal shall be composed of three arbitrators and make an arbitral award on the basis of ascertained facts.

2. Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China.

In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of between 50% and 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) Arrange overtime work and do not pay overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

2. Is it legal for the company to deduct money?

It is legal for the company to deduct money reasonably, but it is not legal to deduct money without reason.

If the wages of the employee are in arrears or deducted without reason, the employer shall be required to immediately rectify the situation and pay a late fee to the employee and provide economic compensation to the employee. Where the circumstances are serious, it is necessary to support and help the employees to submit for arbitration and litigation.

1. How to apply for labor arbitration for wage deduction

1. If the employer deducts the employee's wages without reason, and the employee applies to the labor arbitration institution for labor arbitration, the application procedures for labor arbitration are as follows:

1) Prepare labor arbitration materials, such as the application formProof of the establishment of the employment relationship;evidence of wage arrears, etc.;

2) After the labor arbitration institution is determined, submit materials to the labor arbitration institution and apply for labor arbitration

3) The labor arbitration institution shall review the application materials, meet the arbitration conditions, accept the case, and determine the time of the application.

2. Legal basis: Articles 28 and 29 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.

2. What will be the result after applying for labor arbitration?

1. Mediation. To apply for labor arbitration, you need to submit an arbitration application to the local arbitration commission. If both parties agree to mediation, mediation will be organized first. After the mediation reaches an agreement, the arbitration commission will issue a mediation statement, at which time the procedure will be terminated.

2. Withdrawal of lawsuit. If the claimant does not wish to conduct labor arbitration during the arbitration period, he may withdraw the lawsuit on his own. If the applicant does not appear in court without a legitimate reason, it may be handled as a withdrawal of the lawsuit. After the withdrawal of the lawsuit, the arbitration commission will issue an arbitration decision.

3. Ruling. If the mediation fails, and the claimant does not withdraw the claim during the arbitration, the arbitration commission shall make an arbitral award within the prescribed time. If the claimant is dissatisfied or the respondent does not recognize the award, it may file a lawsuit in the people's court on its own.

According to the provisions of the Law on Labor Dispute Mediation and Arbitration, if an employer deducts an employee's wages without reason, the employee may apply for labor arbitration within one year, and the procedures for applying for labor arbitration include the preparation of labor arbitration materialsSubmission of application materials;The labor arbitration body conducts the review. I hope the above content can be helpful to you.

According to Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, labor arbitration accepts the following disputes:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts, etc.