Does the company need to notify the parties concerned of the deduction of basic salary?

Updated on society 2024-02-08
3 answers
  1. Anonymous users2024-02-05

    If the company has relevant rules and regulations.

    And notify the worker in advance or publicize, and do not need to notify again. However, the employer needs to deduct wages according to the statutory proportion, otherwise it is illegal.

    In accordance with the Labor Contract Law

    Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

    When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall go through the workers' congress.

    Or all employees discuss, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

    In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

    The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

    According to the Interim Provisions on Payment of Wages.

    Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss 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 is paid according to the minimum wage.

  2. Anonymous users2024-02-04

    Of course, employees have the right to be informed.

  3. Anonymous users2024-02-03

    In practice, in order to restrain employees, some companies stipulate that after an employee commits something, they stipulate that the penalty is deducted from wages. Because it is the employee's salary that is deducted, some people worry that this kind of punishment will infringe on the rights and interests of the employee, but these are stipulated in the law. According to the regulations, the company can punish employees with wage deductions, which is not a violation of the law, but when punishing employees, it must have the documents of the punishment of the unit and the signature of the workers.

    Of course, in practice, some informal companies will take advantage of the deduction of wages to punish employees, and vigorously deduct employees' wages, which seriously infringes on the labor rights and interests of employees. Specifically, you can follow the following: 1. Negotiate with the company first The law clearly stipulates that the company can deduct the employee's salary, but the dust hopper shall not be deducted at will, and the remaining salary of the employee shall not be lower than the local minimum wage standard, so in order to avoid wasting time and energy, or so that both parties can look good when dealing with it, it is best for the employee to negotiate with the company first.

    However, it is not a necessary procedure for the employee and the employer to negotiate directly on the issue of labor disputes, and the two parties may or may not negotiate on a voluntary basis. 2. Go to mediation to solve Mediation is also a relatively mild way, mainly to go to the labor dispute mediation committee to apply for mediation, and of course, you can also go to the court to apply for mediation. It should be noted that the mediation procedure is also voluntarily chosen by the parties, and the mediation agreement is not enforceable, and if one party repents, it can still apply to the arbitration institution for arbitration.

    3. Apply for arbitration If it cannot be resolved in a milder way, then it is best to actively go through the labor arbitration procedure and submit the dispute to the labor dispute arbitration commission for processing. 4. Go to the court to sue If you can't solve the problem of your salary being deducted after labor arbitration, then it is best to collect relevant evidence and actively go to the court to sue. It should also be noted here that the initiation of litigation proceedings is initiated by a party dissatisfied with the decision of the labor dispute arbitration commission after filing a lawsuit with the people's court.

    Therefore, it is necessary to go through labor arbitration first, and the person who is dissatisfied with the arbitration award can then go to the court to file a lawsuit. In fact, everyone is not happy to be deducted wages, but it is inevitable that employees must abide by the company's rules and regulations while complying with labor laws. However, as long as the company finds that the wages deducted by the company at the time of punishment are not reasonable at all, then it needs to take timely measures to protect its rights and interests.

    Interim Provisions on Payment of Wages".

    Article 15. The employer shall not deduct the employee's wages. 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.

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