Ask for the detailed terms of the deposit in accordance with the labor law 10

Updated on society 2024-02-09
11 answers
  1. Anonymous users2024-02-05

    Legally, the supermarket can't take your money, but this problem has existed for so many years in the implementation of the Labor Contract Law. You can complain to the inspection department of the labor bureau, and they will impose a fine or penalty (if it is in a big city, it will be much more efficient, and in a small city, it depends on the law enforcement department).

    In addition, in your case, the contract can be signed with the other company you mentioned, and you will be sent to this supermarket by name. Supermarkets have an obligation to ensure your safety and work intensity.

    From the perspective of labor law, the employer of labor dispatch is required to pay overtime pay and related benefits. It's just that as far as I know, the relationship between the supermarket and your company is not a pure labor dispatch, because your public funds are actually given by the company, not the supermarket.

    If there is any labor dispute, you can go to your local labor arbitration board and ask for help, which is free of charge.

    Refer to the Labor Contract Law

    Section 2: Labor Dispatch.

    Article 57 A labor dispatch unit shall be established in accordance with the relevant provisions of the Company Law, and its registered capital shall not be less than 500,000 yuan.

    Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

    The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

    Article 59 A labor dispatch entity shall enter into a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement.

    The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

    Article 60 The labor dispatch unit shall inform the dispatched worker of the contents of the labor dispatch agreement.

    The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement.

    Labor dispatch units and employing units shall not collect fees from dispatched workers.

    Article 61 Where a labor dispatch unit dispatches a worker across regions, the dispatched worker shall be dispatched.

  2. Anonymous users2024-02-04

    Articles 9 and 14 of the Labor Contract Law prohibit the collection of employee deposits and the legal liability for illegally collecting deposits, respectively, and the Labor Law prohibits the collection of deposits from employees.

    Since there is no employment contract between you and the supermarket, you are only assigned by your company to work in the supermarket. If the supermarket needs to collect a deposit for operation and management, it should not be collected from you, and you should inform the company to pay the supermarket the fee and deposit for the work permit.

  3. Anonymous users2024-02-03

    Where you don't give the contract and ask you for money, you want to go so much?

  4. Anonymous users2024-02-02

    According to the law, when an employer recruits a worker, it shall not require the worker to provide a guarantee or collect property from the worker in any other name. For the enterprise, it is illegal to collect deposits from employees, and those that have not been collected cannot be collected again, and those that have been collected should be returned immediately and unconditionally.

    Article 9 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

  5. Anonymous users2024-02-01

    The Labor Contract Law stipulates that employees are not required to pay a deposit. When an employer recruits a worker, it shall not require the worker to provide a guarantee or collect property from the worker in any other name; If an employer illegally collects property, the labor administrative department shall order it to return it within a time limit and impose a fine, and if it causes damage to the employee, it shall be liable for compensation.

    Article 9 of the Contract Law stipulates that an employer shall not seize the employee's resident identity card and other documents, and shall not ask the employee to provide a guarantee or collect property from the employee in any other name.

  6. Anonymous users2024-01-31

    When an employer concludes an employment contract with an employee, it shall not collect a deposit, security deposit or collateral from the employee in any form. When employing a worker, the employer shall not withhold the worker's resident ID card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

    Legal analysisWhen an employer signs a labor contract with an employee, it shall not collect or agree on any form of collateral; Economic contracts and contracting contracts shall not replace labor contracts. When recruiting or employing employees, employers shall not collect any fees from them in any name, such as fundraising, risk, collateral, security deposit, registration, training, physical examination, etc. Enterprises shall not collect money or goods from employees as deposits for entering the factory, nor shall they withhold or mortgage employees' resident identity cards, temporary residence permits and other documents proving their personal identity.

    The public security department and the labor inspection agency shall order the enterprise to immediately return the employee to the employee if he or she withholds or mortgages such documents and collects the collateral money without authorization. When establishing labor relations with employees, some enterprises collect money and goods from employees as deposits or risk funds for entering the factory without authorization, and this practice violates the state's regulations on the establishment of labor relations by the parties to labor relations on equality, voluntariness and consensus, and infringes upon the legitimate rights and interests of employees and must be stopped. Similarly, state-owned enterprises and collectively-owned enterprises are not allowed to collect money or goods from their employees as deposits or risk funds for entering the factory.

    If the deposit is collected without authorization, the labor administrative department shall order the enterprise to immediately return it to the employee himself. Employers are not allowed to charge any fees to employees, which is not only a national regulation, but can also be used as a standard to measure whether the enterprise is regular.

    Legal basisArticle 9 of the Labor Contract Law of the People's Republic of China stipulates that when an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

  7. Anonymous users2024-01-30

    The provisions of the Labor Law that employers cannot collect employee deposits or deposits are not clear, but the Labor Contract Law stipulates that employers cannot collect employee deposits or deposits.

  8. Anonymous users2024-01-29

    It is illegal for an employer to collect a deposit from an employee. The employee may report to the administrative department, and the employer shall return the report and be fined. According to the relevant laws and regulations, if the damage caused to the worker is caused, he shall be liable for compensation.

    Article 84 of the Labor Contract Law If an employer violates the provisions of this Law by seizing the employee's resident identity card and other documents, the labor administrative department shall order the employee to return the employee within a specified period of time, and shall impose a penalty of pretending to be a reed employee in accordance with the relevant laws and regulations. If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If the department assigns damage to the worker, it shall be liable for compensation. Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

  9. Anonymous users2024-01-28

    According to the law, when an employer recruits a worker, it shall not require the worker to provide a guarantee or collect property from the worker in any other name. For the enterprise, it is illegal to collect deposits from employees, and those that have not been collected cannot be collected again, and those that have been collected should be returned immediately without touching the conditions.

    Article 9 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall not detain the worker's resident identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in other names.

  10. Anonymous users2024-01-27

    It is illegal for an employer not to do so. If the employer collects the deposit without authorization, the worker may report or complain to the local labor inspection brigade in accordance with the law, and request the labor inspection brigade to handle the matter in accordance with the law, and the labor inspection agency shall order the employer to return the deposit to the employee within a time limit.

    Legal basis] Article 9 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall not seize the worker's resident ID card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

  11. Anonymous users2024-01-26

    Legal Analysis: It is not illegal, and the labor law stipulates that enterprises shall not collect workers' deposits in any form. Wages shall be paid to the worker in monetary form on a monthly basis.

    Wages shall not be deducted or unjustifiably delayed. When an employer recruits a worker, it shall not seize the worker's resident identity card or other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name. Regardless of whether a written labor contract has been signed, the company shall not collect the employee's deposit in any name, and if Hu Cong has been collected, it shall be refunded.

    Legal basis: Article 9 of the Labor Contract Law of the People's Republic of China When an employer recruits a worker, it shall not seize the worker's resident ID card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

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