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If a worker and an employer establish a labor relationship, the employer and the employee agree through consultation that it is not illegal to deduct a part of the salary as performance wages, and if the legitimate rights and interests of the worker are infringed, the employer and the employee have the right to request the relevant departments to handle it in accordance with the law, or apply for arbitration or file a lawsuit in accordance with the law.
Labor Contract Law
Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.
The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
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 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.
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.
Article 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
The amended labor contract shall be held by the employer and the employee.
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Answer: You have no right to deduct your performance salary, and you should be paid monthly wages according to your average monthly salary before the work-related injury during the suspension period. Article 33 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.
If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
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Clearly unreasonable. There is a set amount of the class teacher fee every year, and it varies slightly from school to school. The teacher's allowance school has greater autonomy, but it has nothing to do with the class teacher's fee.
Estimate your situation is a school financial mess. If the money is about the same, then forget it, after all, you still have to mix in school. If the difference in money is too much and it is too much, the new anonymous letter to the Education Bureau will sue his mother.
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It's unreasonable, but it can't turn the sky upside down, and the leaders won't share their subsidies, so they can only work hard for everyone, haha.
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We share the same fate as you!
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It doesn't matter if it's legal or not, no one cares about what matters.
Many schools deduct teachers' salaries without authorization, and the school has no reason, no basis, no research, no explanation, and deducts each teacher's monthly salary without authorization, and no teacher dares to stand up against it.
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It's unreasonable, it's not illegal, it's not legal, why pinch? Because our administrative regulations have not penetrated into this aspect of management so far, the school can exploit such a legal loophole! In administrative law, the relationship between the school and the teacher and the student is called a special legal relationship, and the reason why it is special is because the law has not systematically constrained the various management between it, so the school punishes you, regardless of whether you feel that it is wronged or excessive, and you have no channel to complain to protect your rights, and the society is different, if you are dissatisfied with the court's judgment, you can appeal and apply for a retrial, and the school is the final word, and there is no way to make your rights get an effective remedy. Therefore, the punishment of teachers in schools is unreasonable but not illegal, what kind of approach they take, the key lies in the level of the administrator, like the measures taken by your school, it is the performance of the management level underground...
But I can be very optimistic to tell you that this unreasonable phenomenon will not last long, and this privilege of the school will not last long, and our legislature is stepping up legislation to gradually infiltrate the protection of civil rights by the law into the vacuum of rights such as schools, and truly embody a kind of human concern. Students themselves should also have a sense of rights, remember that if the school violates your most basic rights, such as important rights such as personal and reputation, do not be afraid, although you file a lawsuit with the court, the court will accept it. Believe in the law!
Believe in Justice!!
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Our Jiusan Rural Reclamation Bureau School also deducts 200 yuan per teacher every month as a year-end bonus, do you say it is legal?
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If the rules are violated, and it is agreed in advance, then there is nothing unreasonable!
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First of all, it is necessary to evaluate teachers. As for the proportion of performance salary, there is no strict definition of this, after all, the assessment is not for profit, but to improve the level of education, and the ratio can generally be described as 7:3,8:
2, 6:4, etc., set at 30%, performance pay accounts for a considerable proportion of salary, but also to make teachers pay attention to assessment, in fact, the ultimate goal is to improve the quality of teaching.
It's basically fair.
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As long as there is a reasonable assessment method, how can it be unfair, the key is that some teachers are comfortable in some positions, and suddenly they want to make him feel uncomfortable with less money, and performance pay should be rewarded for attendance and laziness.
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But as soon as the distribution plan came out, it was the leaders who were rewarded, and the average teacher was less than before the implementation of performance, do you say fair?
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25% of the teacher's performance salary is given, and the teacher is used as a reward, in fact, it is also a part of the teacher's salary, and it is not appropriate to pay it to temporary employees, because there are not enough personnel, and some personnel are hired temporarily, and their salaries should be paid from other channels, and they cannot be paid with the teacher's performance salary.
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Pursuant to Article 31 of the Regulations on Work-related Injury Insurance:
If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to accept a work-related injury, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. Keeping the original salary and benefits unchanged can be understood as everything remains the same. So the homeroom teacher fee should also be given to you.
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