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Article 50 of the Labor Law clearly stipulates that "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. ”
Therefore, an employee gets 1 day's pay for 1 day of work. Similarly, if an employee is absent from work for 1 day, the company may not pay the employee's salary for that day. However, if the company deducts 3 days' wages, the additional 2 days' wages will be added to the employee's wages for other normal working days.
And to do so is to deduct wages.
According to Articles 3 and 46 of the Labor Law, the right to remuneration is one of the eight basic rights of workers, and the distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. In other words, on the premise that the employee provides labor obligations, the employer is obliged to pay the labor remuneration provided, and the provision of "deducting 3 days' wages for 1 day of absenteeism" deprives the employee of the right to labor remuneration in disguise.
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There is no legal concept of casual workers anymore. If an employee is absent from work for one day, the employer can only deduct the corresponding wages for the day of absenteeism, but not for three days. If the employer has over-deduction, the employee may file a complaint with the labor inspection brigade or apply to the labor dispute arbitration commission for labor arbitration.
Legal basis: Labor Code
Article 50 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.
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 monthly salary.
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.
Regulations on the Supervision of Labor and Social Security
Article 10 The administrative departments for labor and social security shall carry out labor security inspections and perform the following duties:
1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;
2) To inspect the employer's compliance with labor security laws, regulations and rules;
3) To accept reports and complaints about violations of labor security laws, regulations or rules;
4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.
Labor Dispute Mediation and Arbitration Law
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, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
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.
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It is illegal to deduct three days of wages for one day of absenteeism.
The stipulation that wages will be deducted for three days for each day of absenteeism infringes on the right of workers to remuneration and is illegal. Article 50 of the Labour Law stipulates that "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. "Employees are paid one day for one day of work, and the company may not pay them for one day of absence. However, the company stipulates that 3 days of wages will be deducted, and the extra two days of wages will obviously be the wages of other normal working days, which is suspected of deducting wages.
The answer is found in terms of the basic rights of workers, the principle of wage distribution, and the essence of wage deductions. First of all, according to Article 3 of the Labor Law, the right to remuneration is one of the eight basic rights of workers. According to Article 46 of the Labor Law, which stipulates that "the distribution of wages shall follow the principle of distribution according to work and implement equal pay for equal work", the employer is obliged to pay the remuneration for the period of providing labor obligations on the premise that the employee provides labor obligations, and the provision that "three days' wages shall be deducted for each day of absenteeism" is a disguised deprivation of the employee's right to receive labor remuneration.
Secondly, this provision has the nature of an economic sanction, which is essentially a fine. With regard to the legality of fines, the prevailing view at present is that they are not recognized as legal. Finally, this provision also violates the principle of fairness, and workers are not convinced that they will only be paid one salary for one day of attendance, and three wages will be deducted for one day of absenteeism.
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It is illegal to withhold three days' wages. According to Article 50 of the Labor Law of the People's Republic of China, wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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The overlord clause is unreasonable, because you have not enjoyed the benefits you should enjoy and the treatment stipulated by the state, and you are still a temporary worker, and the other party has no reason to deduct your salary. If mine is helpful to you, please give me a thumbs up! If you need any help, you can ask me directly!
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If the Labor Law does not deduct the amount of wages for one day of absenteeism, according to the current practice, the employer may not pay wages on the day of absenteeism, and shall not deduct additional wages except for the economic losses caused to the employer.
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Depending on the regulations of the unit, it is generally three times your day's salary, but there are also units that deduct your day's salary.
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Absenteeism is not allowed to deduct employees' wages, absenteeism can only be deducted according to personal leave, that is to say, there is no salary on the day of absenteeism, and one day can not be punished for three days, which is illegal.
Absenteeism is a serious violation of discipline in many units and may result in dismissal, but the employer cannot withhold the wages of employees who have already worked at work.
Labor Contract Law of the People's Republic of China.
Article 36: The employer and the employee may terminate the labor contract if they reach a consensus through consultation.
Article 37: A worker may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Absenteeism is not subject to wage deductions. If a worker is absent from work, the employer may not pay wages or may impose penalties such as criticism and other regulations, but the wages shall not be deducted.
Wage deduction is a violation of labor law.
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It seems that the rules of each company are different, and if we miss work for one day, we will deduct twice the salary.
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How much is deducted for a day of absenteeism for temporary workers? As long as it depends on how their wages are stipulated, some will deduct 100 yuan, some will deduct 200 yuan, and some will double the deduction. Money is not easy, so if there is anything to ask for leave, don't just leave work.
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Temporary workers who are absent from work for one day are not paid, and temporary workers' wages are calculated on a daily basis, and the previous day is one day's money, so there is no problem of deducting money.
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It depends on whether it is a daily wage or a monthly wage, if it is a daily settlement, one day's salary will be deducted for one day of absenteeism, and if it is a monthly settlement, then divide the number of days by the whole month's salary to get the number of one day's wages, and the number of one day's wages will be deducted for one day of absenteeism.
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One day's wages will be deducted for each day of absenteeism. If the employer suffers losses, a maximum of 20% of the wages will be deducted.
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Generally, the company has regulations that three days of basic salary will be deducted for one day of absenteeism, 3x8 24h, otherwise they will go to absenteeism, and there is no system.
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Temporary workers are absent from work for three days for one day, and we are like this for part-time jobs, if you are absent from work without asking for leave, you will be deducted three days of wages for one day.
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If I am temporarily absent from work for one day, I feel that I will deduct three days' wages, so I must pay attention to taking as much leave as possible and not being absent from work. This is very income-impacting.
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The salary deducted for one day of absenteeism depends on how much salary you have a month, and then deduct your salary for one day, and the requirements of each work unit are also different. Normally, it is an average of one day's salary per month.
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How much is deducted for a day of absenteeism depends on what kind of agreement you sign with the employer.
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Temporary workers who are absent from work for one day will be deducted twice the amount of their wages and twice their wages for that day.
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Absenteeism is a serious violation of the rules and regulations of the unit, and the punishment for miners is different for each unit, and some will even be dismissed. But at least three times the salary, as well as the monthly bonus and year-end bonus that will affect you, etc.
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You didn't explain in time how much wages will be deducted for temporary workers who are absent from work for one day? Generally speaking, as long as the absenteeism is so bad, some will deduct your salary for three days, and some will deduct your salary, so for this situation, I think that when there is something to ask the unit for leave, it will be beneficial to you and the unit.
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Temporary workers are counted as temporary workers for one day of absenteeism. A few days of absenteeism will be deducted from a few days' wages.
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The labor law stipulates that if a temporary worker is absent from work for one day, it depends on how the company deducts it, some will deduct you for one day, some will deduct you for three days, and some may also say that they don't need to deduct it, anyway, it depends on how the company punishes you.
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Hello, temporary workers are absent from work for a day, but the wages of the day are gone, and the wages cannot be deducted, if the company has a situation of indiscriminately deducting wages, you can go to the labor inspection brigade to report the situation.
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Temporary workers resist work, how much wages are deducted a day, this depends on the actions of the unit, because if he wants to do it, he will be possible, to be honest, you see that I will be deducted one day a day, and some people will be fined if they say it, it will be deducted for three days, and this depends on their own punishment.
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Temporary absence from work for one day, which in the factory, is often deducted one day's wages, and all bonuses for the month are deducted.
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Temporary absenteeism for one day is generally deducted one day's wages, and miners are not paid wages on that day.
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How much pay will be deducted for a day of absenteeism? Temporary workers will be absent from work for one day, and you will be deducted from your daily wage.
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Absenteeism for one day is a deduction of one day's wages, because he didn't do the money for that day, so he has to deduct it.
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How much wages will be deducted for a day of absenteeism, this must rely on three times the salary, so don't be absent easily.
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Temporary workers who are absent from work for one day shall be deducted as a percentage of their wages.
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The boss will deduct how much money you will pay a day, for example, 200 a day, and the deduction will be 200
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It should be deducted in full on the same day, and the rest depends on the rules and regulations, and the money will generally not be deducted, but it is not certain.
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How much wages are deducted for one day of absenteeism, this depends on the skill of your work, and absenteeism is deducted according to three days' wages for one day.
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If a temporary worker is absent from work for one day, your attendance bonus for the month will be deducted according to the company's regulations. There is also a corresponding salary.
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Legal analysis: It is illegal for temporary workers to deduct three days of wages for one day of absenteeism. If the employer fails to pay the employee's remuneration due to this, it can apply to the labor dispute arbitration commission for arbitration, and if it is dissatisfied with the award and meets the requirements of the law, it can directly file a lawsuit with the people's court.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it 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 at the rate of not less than 50% but not more than 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) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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Legal analysis: It is illegal to deduct three days of wages for absenteeism, if the employer fails to pay the employee's remuneration due to this, it can apply to the labor dispute arbitration commission for arbitration, and if it is not satisfied with the award and meets the requirements of the law, it can directly file a lawsuit with the court.
[Legal basis].Articles 3 and 46 of the Law of the People's Republic of China stipulate that the right to remuneration for labor is one of the eight basic rights of laborers, and the distribution of wages should follow the principle of distribution according to work, and equal pay for equal work should be implemented. In other words, on the premise that the employee provides labor obligations, the employer is obliged to pay the labor remuneration provided, and the provision of "deducting three days' wages for one day of absenteeism" is a disguised deprivation of the employee's right to receive labor remuneration.
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It is illegal to withhold three days' wages. According to Article 50 of the Labor Law of the People's Republic of China, wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
According to Article 77 of the Labor Law of the People's Republic of China, if a labor dispute arises between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings. Article 30 of the Labor Contract Law stipulates that the employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.
Article 38 stipulates that an employee may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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