How does the employer explain that the employee fails to meet the rigid targets set by the company a

Updated on society 2024-02-26
18 answers
  1. Anonymous users2024-02-06

    If the employer deducts the employee's wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

    1. If you work for an employer, there are two ways to ask for wages:

    1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

    2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

    Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

    2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

    Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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, medical expenses for work-related injuries, economic compensation or compensation, etc.;

    Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

    Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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 a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, 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) Paying wages to workers at a rate lower than the local minimum wage.

    The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

  2. Anonymous users2024-02-05

    This is an internal management regulation of the company and is not illegal, but the salary must not be lower than the minimum standard.

  3. Anonymous users2024-02-04

    It depends on how the salary and the employee's salary are agreed, and even so, the company should pay the employee no less than the local minimum wage.

  4. Anonymous users2024-02-03

    This is the internal regulation of wages, if the labor contract you signed with the company has this explanation, it is not illegal, it still depends on how the contract is written!

  5. Anonymous users2024-02-02

    No, if the employer terminates the labor contract on the grounds that the employee is incompetent for the job, it must prove that the employee is incompetent for the job and transfer or train the employee; The worker is still incompetent for the job after being transferred or trained, that is, he is "incompetent for the job" for the second time. The user unit shall bear the burden of proof for the above steps and provide the corresponding evidence materials to the arbitration commission. If the employer cannot prove that the employee is incompetent for the job, or the employer has not carried out the statutory procedures (transfer or training of the employee; One month's notice to the employee or payment of one month's wages), the employer's termination shall be deemed to be illegal termination, and the employee has the right to continue to perform the labor contract in accordance with Article 48 of the Labor Contract Law; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employee may also choose to request the employer to pay compensation for illegal termination.

  6. Anonymous users2024-02-01

    Unreasonable, you can quit and do it yourself, earn more than them, I can provide fuel essence.

    Do know the task:, thank you!!

    No matter what kind of oil, as long as the anti-wear property is good;

    After many cars that burn engine oil use super eutectic lubricating oil, they are pleasantly surprised to find that they no longer burn engine oil, because it is nano anti-wear repair engine oil; Directly approved by the manufacturer;

    The wear resistance of the engine oil is not good, and it can be improved a lot by using the super eutectic lubricating oil with good wear resistance;

    The general fuel additive is a bottle of 50 ml with 60 liters of gasoline, first fill up the fuel, and then pour it in;

    However, I recommend you to use Chaomei brand fuel additives for Sinopec OEM;

    The real way is to buy an engine internal cleaning agent produced by Chaomei, pour it into the oil cylinder, idle for ten minutes, and then replace it...

    You use poor engine oil, which is not resistant to wear and tear, and soon burns the engine oil, tens of thousands of kilometers; With engine oil with good wear resistance, it is basically difficult to wear, and it will not burn engine oil for life;

    Do you still believe in the original? The original one is the most basic qualified; Definitely not the best;

    These oils are average, and no one is better than the other; You need to use a good anti-wear oil to protect the car;

    Burning engine oil means that the engine oil is not anti-wear, and the wear particles are too large, resulting in poor sealing before burning engine oil;

    Use super eutectic lubricating oil with good anti-wear performance to repair the slight burning of engine oil; And it's not expensive;

    It is not normal to burn engine oil, either there is a problem with the assembly, or the engine oil is not wear-resistant;

    The engine oil used is not good and does not play a role in anti-wear; Wear and carbon deposits are generated, resulting in louder noise;

    Remove carbon deposits, enhance power, eliminate exhaust gases, save fuel and reduce fuel consumption.

    Use super eutectic lubricating oil, close to zero wear, no oil burning;

  7. Anonymous users2024-01-31

    If it is unreasonable, you can apply for arbitration.

  8. Anonymous users2024-01-30

    The state has national laws, the family has family rules, as a company he also has a set of rules, if you are an employee of the company, of course the company will issue hard indicators, otherwise the company will go out of business.

  9. Anonymous users2024-01-29

    The cause and effect of your incident is not very clear, and I can't give you any advice. Let's talk about my previous business experience, a city is divided into several districts, each colleague is responsible for the development of a district, there are many districts with perfect facilities, so the KPI is naturally high, even if a novice takes over this kind of prosperous area, the task will be higher than the old man in charge of the new district, but in fact, it is not difficult to complete.

  10. Anonymous users2024-01-28

    If there is an agreement in the employment contract or the company's rules and regulations, the employer may not pay or underpay the performance salary as agreed.

    Note that if it is in accordance with the rules and regulations, the rules and regulations must be legally formulated and effectively publicized to the workers.

  11. Anonymous users2024-01-27

    In principle, the employer shall not deduct the employee's salary, unless the employee has caused actual economic losses to the employer, or in accordance with the provisions of the rules and regulations, the employer may impose a financial penalty on the employee, but not more than 20% of the monthly salary. The specific regulations are as follows:

    Article 4 of the Labor Contract Law The employer shall establish and improve labor rules and regulations in accordance with the law to ensure that the employees 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 discuss with the workers' congress or all employees, 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.

  12. Anonymous users2024-01-26

    Employers are not allowed to arbitrarily deduct wages from employees, and the wages paid to employees must not be lower than the local minimum wage.

    The employee may first negotiate with the employer, but if the negotiation fails or the settlement agreement is reached, the employee 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.

    Labor Law of the People's Republic of China

    Article 48.

    The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer to the employee shall not be lower than the local minimum wage.

    Article 49.

    1) The minimum living expenses of the worker himself and the average dependent population;

    2) the average level of social wages;

    3) labor productivity;

    4) employment status;

    5) Differences in the level of economic development between regions.

    Article 50. Wages shall be paid to the worker in monetary form 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 Scope of Application.

    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, medical expenses for work-related injuries, economic compensation or compensation, etc.;

    6) Other labor disputes as stipulated by laws and regulations.

    Article 5 Basic Procedures for Handling Labor Disputes.

    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.

  13. Anonymous users2024-01-25

    E-Law answers:

    According to Article 3 of the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages, the term "deduction" in Article 15 of the Provisions refers to the deduction of the wages due to the employee by the employer without justifiable reasons (i.e., all the remuneration that the employer shall pay to the employee according to the standard stipulated in the labor contract on the premise that the employee has provided normal work). It does not include the following wage reductions: (1) which are clearly stipulated in the laws and regulations of the state; (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 wages of the enterprise are linked to the economic benefits, and when the economic benefits fall, the wages must be lowered (but the wages paid to the workers shall not be lower than the local minimum wage standard); (5) Corresponding reduction of wages due to personal leave, etc.

    Therefore, if the company's rules and regulations have relevant provisions, the company can deduct the employee's salary according to the employee's violation of the rules and regulations. However, the premise should be to ensure that the rules and regulations are discussed by the workers' congress or all employees, put forward plans and opinions, and negotiated with the trade union or employee representatives on an equal footing, and ensure that the rules and regulations are publicized or informed to the workers. Otherwise, the company cannot deduct the employee's salary on this basis.

  14. Anonymous users2024-01-24

    Is it okay for the company to fine employees and deduct wages, the lawyer will tell you the answer, understand the law and don't suffer!

  15. Anonymous users2024-01-23

    If it is the rules and regulations of the unit, then the company's practice is not illegal, and if it is the unit's coercion against you, then you can complain to the labor inspection brigade.

  16. Anonymous users2024-01-22

    Hello, the company can't deduct employees' wages, do they keep receipts when they are fined? Go to the local labor picket brigade to report the situation. If you really can't do it, go to arbitration.

  17. Anonymous users2024-01-21

    First, such a thing, if the rules and regulations of the unit, then there is nothing to say, second, if the rules and regulations of the non-unit just want to blackmail you, then you can keep the evidence to sue him, third, you can consult the local social insurance center **12333 Fourth, or to the harmony is precious, if the unit is strict, you can leave the company, go to other companies, there is no need to entangle, fifth, there are various answers online, only the local answers are the most authoritative, the most accurate, the sixth, I wish you a smooth work, a prosperous career, a healthy life, and a happy family.

  18. Anonymous users2024-01-20

    。Neither thing is reasonable.

    From a legal point of view, the company can not directly deduct your salary because your elevator is not well maintained, but can only announce the corresponding inspection standards in advance, and punish you for not doing a good job every time you do a spot check, if that is reasonable. As long as the corresponding operational standards are informed in advance, and the penalty standards are clearly informed, and you are punished according to the standards, then the company is reasonable. I heard you say that if there is no specific penalty standard, then the company's approach is unreasonable.

    The question of social security must be the company fooling you.

    Regarding the issue of social security, if you really have the heart to check it yourself, you will definitely know everything when you go to the social security bureau to check.

    Of course, there must be a lot of illegal places for today's enterprises, especially small ones. It depends on how you think about it, if the company is not so black, then sometimes it is normal to give in in order to keep your job; If the company's behavior is really too dark or you don't have the heart to continue to talk to the company, then it's okay to talk to the company about it......

    Think twice about how to choose.

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2 answers2024-02-26

File a complaint with the local labor inspectorate or apply for labor arbitration.