If you are fired from the company, will your salary be deducted, because he has to do what two peopl

Updated on society 2024-03-23
9 answers
  1. Anonymous users2024-02-07

    When the employer and the employee terminate the labor relationship, the employer shall not illegally deduct the employee's lawful wages, and when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

    Interim Regulations on the Payment of Wages

    Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

    Article 15 An employer shall not deduct a worker'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.

    Article 18 The labor administrative departments at all levels shall 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 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.

    Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

  2. Anonymous users2024-02-06

    If the company illegally terminates the labor contract and has to pay compensation, or if it violates the law by deducting wages, you can file a complaint with the labor bureau or apply to the labor arbitration commission where the employer is located to apply for labor arbitration.

  3. Anonymous users2024-02-05

    Legal analysis: It is also legal to be dismissed and deducted wages for violating the company, but the premise is that it cannot exceed 20% of the salary; and the wages paid cannot be lower than the local minimum wage standard; If the employer deducts the full amount, then it generally needs to bear legal liability for this practice.

    Legal basis: Article 16 of the Interim Provisions on Payment of Wages 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 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 will be paid according to the minimum wage.

  4. Anonymous users2024-02-04

    Legal analysis: It depends on the situation, if the employee makes a mistake that endangers the interests of the company, divulges the company's secrets and makes serious mistakes, then the company has the right to fire the employee, deduct wages according to the seriousness of the matter, compensate the company's losses, and bear legal responsibility in the most serious cases. If you are fired without making any mistakes, then the company does not have any right to deduct your salary.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 37 A worker may terminate a 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.

    Article 38 An employee may terminate a labor contract under any of the following circumstances:

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract, (2) Failure to pay labor remuneration in full and in a timely manner, (3) Failure to pay social insurance premiums for the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.

    If an employer forces an employee to work by means of violence, threats or illegal restriction of 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.

    Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

    1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, engages in malpractice, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated for criminal responsibility in accordance with law.

    Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

    (2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

  5. Anonymous users2024-02-03

    If you are fired from the company, you can get a salary, and you can ask the labor bureau to solve it. 1. "Dismissal" of an employee is the termination of the labor contract according to the current law. 2. When an employee resigns, the employer shall settle the employee's salary.

    3. The employer may require the employer to compensate for the economic losses caused to the employer in accordance with the provisions of the labor contract, subject to certain restrictions.

    Article 16 of the Provisions on the Payment of Wages stipulates that if an 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 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 will be paid according to the minimum wage.

  6. Anonymous users2024-02-02

    Legal analysis: If the employee is not grossly negligent or intentionally causes the company's loss, the company cannot deduct the employee's salary. According to the relevant laws and regulations of the People's Republic of China, if an employer terminates a labor contract, it shall notify the employee in writing 30 days in advance or pay an additional month's salary; At the same time, economic compensation shall be paid to the worker in accordance with the provisions on the payment of one month's salary for each full year of service; If an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law, it shall pay compensation to the employee at twice the amount of the severance payment.

    Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

    If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

    Labor Law of the People's Republic of China Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the worker's high accompaniment, and may order the payment of compensation: (1) deducting or defaulting on the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage. (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

  7. Anonymous users2024-02-01

    1. No matter how the employee resigns, as long as it does not directly bring economic losses to the unit, the unit shall not deduct the employee's salary.

    2. If the employee is dismissed by the unit, if the employee seriously violates discipline, then the unit can deduct the employee's incentive treatment, but the salary shall not be deducted.

    3. Article 50 of the Labor Law stipulates that wages shall be paid to the workers themselves on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

  8. Anonymous users2024-01-31

    You have formed an employment relationship.

    Hello question. Answer: If you violate the work regulations, then you cannot be dismissed at will and your wages will be deducted Article 4 The labor security administrative department of the people's ** at the county level and the city level divided into districts may entrust organizations that meet the conditions for supervision and law enforcement to carry out labor security inspections. Labor security inspectors in labor security administrative departments and organizations entrusted with labor security inspections shall be hired through corresponding examinations or examinations. The labor and social security supervision certificate shall be supervised by the labor and social security administrative department.

    You can negotiate with the boss first, ask for the deducted wages back, and ask questions if the negotiation fails.

    Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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.

  9. Anonymous users2024-01-30

    This depends on the company's management system filed with the labor and social security department!

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No, first of all, the company is a public environment, and nothing can be solved by fighting, and secondly, any company will stipulate that it cannot be its internal contradictions, fighting is not a matter of two people, it will also have an impact between employees, and produce disharmony factors, so the company's dismissal is also reasonable, and your negative impact on the company is the most serious, you should think about your own problems, reflect on how to correct yourself, and face the future environment is.

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