Is it illegal for a private company to deduct more than 30 wages from employees?

It is illegal for a private enterprise to deduct an employee's wages, but if the employee causes economic losses to the employer due to the employee's own reasons, the deduction of 30 yuan shall not exceed 20% of the employee's monthly salary. It is not illegal, and if 30% of the employee's salary is deducted, it is illegal.

According to 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 losses 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.

The maximum amount of monthly salary deducted from wages is 20%, and the money must be deducted in accordance with the rules and regulations.

Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.

If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.

Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer 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.

Employees of private enterprises cannot be arbitrarily deducted from their salaries. Under any of the following circumstances, the employer may withhold the employee's wages:

1. Child support and alimony required to be withheld in court judgments and rulings;

2. Individual income tax withheld and paid by the employer;

3. The social insurance premiums withheld and paid by the employer shall be borne by the employee.

1. How much wages will be deducted for one day of absenteeism.

If you are absent from work for one day, your wages for that day will be deducted. The salary for that day is generally divided by the monthly salary and the actual number of days worked. Therefore, the specific amount of salary to be deducted needs to be determined in combination with the person's salary and the working days of the month.

The following circumstances are valid reasons for the employer to deduct wages:

1. Individual income tax withheld and paid by the employer;

2. The letter withheld by the employer, the social insurance premiums and provident fund that should be borne by the employee;

3. The alimony, alimony, and alimony required to be withheld in the court's ruling;

4. There are clear provisions in the labor contract signed in accordance with the law;

5. 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;

6. The total salary of the enterprise is linked to the economic benefits, and when the economic benefits fall, the wages must be lowered;

7. Corresponding reduction of wages due to personal leave;

8. Other expenses that can be deducted from the wages of workers according to laws and regulations.

2. Is it legal for the employer to withhold wages?

If it is illegal for an employer to withhold wages, the employer shall not deduct the wages of the employees, and the employer may withhold the wages of the employees under any of the following circumstances:

1) Individual income tax withheld and paid by the employer;

2) The various insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support and alimony required to be withheld in court judgments and rulings;

4) Other expenses that can be deducted from the wages of workers according to laws and regulations.

3. Does the labor contract stipulate which party pays social security?

According to Article 72 of the Labor Law of the People's Republic of China and Article 4 of the Social Insurance Law of the People's Republic of China, employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. The dispatch unit of the labor dispatch worker is the employer, which shall be paid by the dispatching unit, and the social insurance premiums and provident fund shall be borne by the individual laborers, and the dispatching unit shall withhold and pay them from the salary.

Article 15 of the Interim Provisions on Payment of Wages 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) The social insurance premiums withheld and paid by the employer on behalf of the employee and shall 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.

Legal Analysis: Employees of private enterprises cannot be arbitrarily deducted. Under any of the following circumstances, the employer may withhold the employee's wages:

1. The alimony and alimony required to be withheld in the court's judgment or ruling; 2. Individual income tax withheld and paid by the employer; 3. The employer withholds and pays all the social insurance premiums that should be borne by the employee.

Legal basis: Article 15 of the Interim Provisions on Payment of Wages Article 15 An employer shall not deduct the wages of an employee. 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) The 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.

Legal Analysis: Employees of private enterprises cannot be arbitrarily deducted. Under any of the following circumstances, the employer may withhold the employee's wages:

1. Child support and alimony required to be withheld in court judgments and rulings; 2. Individual income tax withheld and paid by the employer; 3. The social insurance premiums withheld and paid by the employer shall be borne by the employee.

Legal basis: Article 15 of the Interim Provisions on Payment of Wages Article 15 An employer shall not deduct the wages of an employee. 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) The social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) The court's judgment or ruling requires that Wu Bo's alimony and alimony be withheld before Xiaoxiao;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

It is illegal for the company to deduct more than 20% of the total salary, and the employer can deduct the compensation fee from the employee's wages for the economic losses caused by the employee, but the deduction department cannot exceed 20% of the salary, and the employee can apply for arbitration for the behavior of deducting wages.

It is illegal for the company to deduct more than 20% of the total salary, and the employer can deduct the compensation fee from the employee's wages for the economic losses caused by the employee, but the deduction department cannot exceed 20% of the salary, and the employee can apply for arbitration for the behavior of deducting wages.

1. How much is it illegal for the company to deduct wages

If the employee causes economic losses to the employer due to his own reasons, and the employer needs to compensate the employee in accordance with the law, and the compensation fee is required from the salary, the deduction shall not exceed 20% of the employee's monthly salary income, and the remaining salary after deduction shall not be lower than the minimum wage standard. In other words, this deduction also has a certain limit, and once the bottom line of the minimum wage standard is exceeded, it is a "deduction of wages". Article 25 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and wages shall not be deducted or owed to the workers without reason", and "monthly payment" means that wages should be paid in the form of monthly salaries, and also include monthly payments, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days will constitute wage arrears.

2. Can the company arbitrate the deduction of wages?

Deduction of wages can be arbitrated through labor. An application for arbitration shall be submitted to the labor arbitration commission at the place where the labor contract is performed or where the employer is located. It is possible to claim the payment of compensation, but it will not be supported in general.

Employers will not be penalized. Warmly remind you that you should submit an arbitration application to apply for labor arbitration; Proof of identity and relevant materials that can prove the existence of an employment relationship with the respondent, etc.

Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

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.

3. How long is the statute of limitations for the company's deduction of wages?

Article 27 of the Law on Mediation and Arbitration of Labor Disputes.

The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the limitation period for arbitration shall not be recalculated.

It depends on the situation. Employee management should be carried out in accordance with legal corporate rules and regulations. If there is no basis, it is illegal to arbitrarily deduct wages, and you can complain to the Labor Bureau.

If you make a mistake in your work, and this mistake has a great impact on the company, it is normal to be deducted from your salary, as long as the company has official documents and does not violate the relevant provisions of the labor law. But you can't deduct most of a month's salary, at least you should keep the minimum wage for you. As for whether it is reasonable to deduct so much wages, it depends on how the loss is calculated.

It depends on what kind of mistake it is, to cause major losses, not only to deduct wages but also to fine, but generally make mistakes without a legal reason to deduct that is the style of garbage enterprises!

Legal analysis: No matter what kind of enterprise can not arbitrarily deduct the wages of employees, if the enterprise has the phenomenon of deducting wages, the worker can complain about the omission of the adult unit.

Legal basis: Labor Contract Law of the People's Republic of China Article 30 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.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.