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Dismantle the local labor department.
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Wage deduction without cause does not include the following wage reductions:
1) There are clear provisions in national laws and regulations;
2) There are clear provisions in the labor contract signed in accordance with the law;
3) There are clear provisions in the factory rules and disciplines formulated by the employer in accordance with the law and approved by the workers' congress;
4) The total wage of the enterprise is linked to the economic benefit, and when the economic benefit falls, the wage must be lowered (but the wage paid to the worker shall not be lower than the local minimum wage standard);
5) Reduction of wages due to personal leave, etc.
Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer;
2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;
3) Child support or alimony required to be withheld in court judgments or rulings;
4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.
If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.
If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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Legal analysis: You can call the police, and the staff will generally mediate after the police. In addition, the employee can also apply for labor arbitration, demanding that the employer pay wages and pay double compensation. If the employee is not satisfied with the labor arbitration award, he or she may file a lawsuit with the local court for resolution.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
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It is possible to call the police, but it is not advisable to do so. It is recommended to take the following measures to protect your rights:
1.Report to the labor administrative department (usually the labor management inspection brigade).
2.You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, the company will bear all the costs).
3.If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
4.In accordance with the provisions of the state, in the event of arbitration or litigation, it may be required to pay an additional economic compensation equivalent to 25% of the wages and remuneration in addition to the full payment of the wages and remuneration of the staff within the prescribed time.
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Useful. The company's arbitrary deduction of wages can be complained about through the following methods: 1. Report to the labor administrative department (usually the labor management inspection team); 2. You can also apply for arbitration directly (the arbitration fee is 200 to 300 yuan, and if you win, all will be borne by the company).
Useful. The company's arbitrary deduction of wages can be complained through the following methods:
1. Report to the labor administrative department (usually the labor management and inspection team);
2. You can also apply for arbitration directly (the arbitration fee is 200 to 300 yuan, and if you win, all will be borne by the company).
3. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter;
4. In accordance with the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the wages and remuneration of the worker within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.
According to Article 15 of the Interim Provisions on Wages issued by the Ministry of Labor, the employer shall not deduct the wages of the employee, and the employer may withhold the employee's wages under any of the following circumstances:
1) Individual income tax withheld and paid by the employer;
2) The various insurance premiums withheld and paid by the employer that should be borne by the employee;
3) Child support and alimony required to be withheld in court judgments and rulings;
(4) Other expenses that can be deducted from the wages of workers according to laws and regulations.
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 party's monthly gross wage, 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.
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Legal analysis: At present, China's relevant laws increase the protection of the legitimate rights and interests of workers. In the course of work, if the employer deducts wages without reason, the employee may file a complaint with the labor administrative department where the employer is located.
The labor administrative department will, in accordance with the regulations, order the unit to make up the deducted wages in a timely manner. In addition, the employee can also request the employer to make corresponding economic compensation. If the complaint does not resolve the issue of wage deduction, you can also apply for labor arbitration or file a lawsuit in court.
Legal basis: Article 18 of the Interim Regulations on the Payment of Wages stipulates that labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of an employee, the labor administrative department shall order the employer to pay the employee's wages and economic compensation for the closure of the chain, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) The wages of the laborers are paid at the local minimum wage standard.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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Workers will encounter a lot of things when they are working, such as some of them have encountered the situation of being deducted by the unit, especially those who have resigned, it is very easy to be deducted by the unit, and the income is inexplicably less than half. So, what should the company do if it deducts capital? The following store editor will give you the main introduction to the relevant knowledge.
What should I do if the company deducts the capital.
The unit shall pay the laborers in the form of money and in a timely manner, and shall not deduct or delay the laborers' wages.
The employer shall calculate and pay the wages to the employee from the time of establishing a labor relationship with the employee; In the case of the actual capital system, the unit shall pay the capital in accordance with the provisions of the unit's capital payment system or the period agreed in the labor contract. In case of statutory leave or public vacation, it shall be paid in advance; If the labor contract is terminated or terminated with the employee in accordance with the law, the salary shall be paid in three installments from the date of termination or termination of the labor contract.
If the employer does not pay the employee's salary in accordance with the law, the employee may bring this certificate and proof of the existence of an employment relationship with the employer (such as: labor contract, qualifications, job list, job application form, testimony, attendance records, etc.) to the labor and social security supervision department at the same level where the employer has registered with the employer.
How to determine the deduction of funds by the unit.
If a unit deducts or delays a worker's salary, in accordance with the relevant policies, in addition to paying the worker's remuneration in full within the specified time, the employer shall also pay an additional economic compensation equivalent to 25 percent of the remuneration. The word "deduction" should be further understood: On the premise that the worker has already provided normal labor for the unit, the employer should deduct the worker's salary for legitimate reasons.
However, in some cases, such as those expressly provided for in national laws and regulations; 2. There is a clear stipulation in the labor contract signed in accordance with the law; The rules and regulations formulated by the unit in accordance with the law and approved by the staff representative meeting; Enterprise capital is linked to economic efficiency, and the decline in economic efficiency leads to the decline in capital must be reduced; If a worker takes personal leave, the reduction of the worker's salary by the employer under these circumstances cannot be regarded as deducting the employee's salary.
Therefore, "delay" refers to the failure of the employer to pay the employee beyond the specified time for legitimate reasons, but if the employer encounters natural disasters, wars, and other reasons that it can resist, the payment of wages on time cannot be regarded as delay; In addition, if a unit has difficulties in real production and operation, and its capital turnover is affected, it may temporarily postpone the payment of wages to its workers after obtaining the consent of the association.
In the event of a deduction of funds by the company, the parties can find a lawyer for consultation and guidance through the store.
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Sue him, hit the Labor Bureau ** to sue him.
It is recommended to choose to enter a large company after graduation, which has perfect facilities, perfect promotion mechanism and is easier to become a professional talent, and at the same time, large enterprises are also a very good endorsement. After graduation, everyone is faced with a variety of choices, and these choices are important to determine the future direction of each person.
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