Can a company deduct an employee s salary at will? 5

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.

If wages are not paid in a timely manner, there are two ways to claim wages:

1. Workers can complain to the local labor 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 local labor bureau and demand payment of wages. If you do not have an employment contract, you can also 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.

Legal basis: Provincial wage payment regulations. For example:

Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.

No. However, if an employee has violations such as being late, leaving early, miners, asking for leave, etc., the company can impose corresponding penalties in accordance with the company's rules and regulations, such as deducting wages.

You can communicate with the manager, each company's salary setting system is different, your manager's practice is not simply to deduct wages, just to improve your enthusiasm for work, you have to explain to him that such requirements are difficult for you to do for a while, so that you can gradually improve.

It is illegal for a friend company to deduct employees' wages at will, and your manager suddenly formulates a regulation, rules and regulations, which must comply with laws and regulations and be formulated in accordance with the law, otherwise it is invalid, you can negotiate with the boss of the unit, if the negotiation fails, you will go to the labor inspection department to complain, absolutely OK.

No, the employer shall pay the employee the full amount of the monthly salary and shall not deduct the employee's salary without reason. If there is a deduction, it is an illegal act. Workers can do the following:

1. If you complain to the labor and social security administrative department (labor inspection brigade), the labor inspection brigade will order you to pay within a time limit, and if you fail to pay within the time limit, you may request additional compensation, and the compensation standard shall be between 50% and 100% of the amount payable.

2. Apply to the labor dispute arbitration commission at the place where the employer is located or the place where the labor contract is performed for labor arbitration on the grounds of failure to pay wages in full and on time, and request the termination of the labor relationship and the payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.

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

Interim Regulations on the Payment of Wages

Article 7 Wages must be paid on the date agreed between the employer and the worker. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

Legal Analysis: 1. Argument based on reason.

In cases where the conflict is only between the company and you, and you believe that it can be resolved through negotiation, you should argue on the basis of reason.

1. Clarify the basis for wage calculation and payment, so that the situation of wage deduction can be clearly displayed.

2. Inquire about the reason for the deduction of wages.

3. You should be clear that the law of our country stipulates that wages cannot be deducted or fined. The salary is generally divided into two parts, one part is a fixed salary, which is calculated and paid according to the number of days of attendance, and cannot be deducted, even if you do something wrong, the other part is the bonus part, which can be decided to give more or less according to the individual's work performance.

If the two parties have agreed on a fixed salary, even if they do something wrong, they cannot deduct their wages, and there is no legal basis for not deducting wages because of employees' disciplinary violations and early resignation.

2. Complaints and reports.

Employees can choose the following ways to complain about wage deductions from local enterprises:

1. Fight the labor security hot through 12333 complaints, this ** national unity, real-name complaints are required when complaining, and you must provide your ID number and name. You can call a few more times to make a complaint.

2. Complain to the labor inspection brigade of the local labor station and the human resources and social security bureau. These agencies are specialized in handling labor disputes, and they will come to the door to investigate and deal with wage deductions.

3. Labor arbitration.

If the company can explain that it is not a deduction of wages, but a reduction in wages due to attendance and bonuses agreed upon by both parties, the above institutions will not deal with it. In this case, if you believe that the company has indeed deducted, you can initiate labor arbitration. There is no need to think too much about it, and the materials that workers need to submit for labor arbitration are very simple.

1. ID card (original and photocopy).

2. The basic information of the enterprise (industrial and commercial registration printing).

3. Labor contract.

4. Fill in the labor arbitration application form and explain the reasons why you think the wages have been deducted. You only need to explain this, and if you don't need to provide evidence, whether or not the wages are deducted should be proved by the unit.

Legal basis: 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.

Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, if the employer is ordered by the labor administrative department to pay the labor remuneration, overtime pay or economic compensation within a time limit and the labor remuneration is lower than the local minimum wage standard, the employer shall be ordered to pay the employee additional compensation according to the standard of 50% to 100% of the amount payable

1) Failure 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 below the local minimum wage standard.

3) Arrange 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.

There are two ways for the company to deduct employees' wages: first, to file a complaint with the labor inspection brigade, and second, to apply to the labor arbitration commission for labor arbitration. Article 79 of the Labor Law After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

If the employer deducts or defaults on the employee's wages, the worker may file a complaint with the Labor and Social Security Supervision Brigade against the employer. When going to the labor inspection brigade to complain, bring the following information: the identity card, the full name of the employer, the name and contact information of the person in charge, and relevant evidence that can prove that the employee works in the employer, and the labor and social security inspection brigade will issue a correction within a time limit. If the enforcement is not within the time limit, apply to the court for compulsory enforcement.

At the same time, if the employee fails to make corrections within the time limit, the employee can claim that the employer pay you 50%-100% of the amount of wages in arrears (Article 26 of the Labor and Social Security Supervision Regulations).

What should I do if the company deducts wages without reason?

No way? It is impossible to deduct it at will, this is illegal, and you can report it to the local labor department.

If the company arbitrarily withdraws the wages of employees, you can go to the labor inspection brigade to complain to the company and ask them to investigate the reason, and they will do the same.

In fact, the most once and for all way is to leave the company, although the company arbitrarily deducts the wages of employees, but this kind of thing is difficult for you to find evidence, even if you find suspected evidence, the company always has thousands of reasons to refute this evidence, and you compare with the company, who is more capable of hiring a good lawyer, it goes without saying. And the matter of wage rights protection can't contain the fire, the matter is poked out, do you think you can still stay in the company, I see enough, since this company can deduct your salary, it can also let you roll up and leave at any time.

Keep the relevant evidence and file a complaint with the Labor Inspection Brigade.

Legal Analysis: There are two remedies for companies to deduct employees' wages:

First, complain and report to the labor inspection brigade, and second, go to the labor arbitration commission to apply for labor erection arbitration.

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

Article 50 Wages shall be paid to the laborer himself on a monthly basis in the form of money. No wages shall be deducted or owed to the worker without reason.

Article 79 After a labor dispute has arisen, the parties may apply to the labor dispute mediation committee of their unit for mediation and if the dispute cannot be resolved, and if one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

The company cannot arbitrarily deduct the employee's salary, and the specific provisions are as follows: 1. The basic salary cannot be changed at will The reduction of the basic salary is a change in the labor contract, and the two parties need to discuss and agree, and the employer cannot unilaterally arbitrarily change it. 2. Overtime pay cannot be reduced at will For employees, the amount of overtime pay is related to the salary base.

Employers cannot arbitrarily determine the overtime compensation base. 1. If the labor contract has made a clear agreement on the overtime remuneration base, the overtime remuneration shall be calculated according to the agreement between the two sides. 2. If the labor contract clearly stipulates the amount of salary, but does not agree on the overtime salary base, the salary agreed in the labor contract shall be used as the overtime salary base.

If the remuneration items in the employment contract are divided into "basic salary", "post salary", "post salary", etc., the overtime pay shall be calculated based on the sum of each remuneration item, and no single item shall be used as the accounting base. 3. The employer shall not reduce the salary of the employee without authorization due to the adjustment of the position Under normal circumstances, the company has the right to decide to adjust the employee's position according to the needs of production and operation, but the premise is that the position and salary amount of the job are not written into the labor contract. Once the employer and the employee have signed a labor contract and the salary is specified, the employer has no right to reduce the employee's salary without authorization.

Generally speaking, the employee's remuneration is stipulated in the contract, and if the employee's remuneration is changed, especially the reduction of the remuneration, the employee's consent should be obtained, otherwise, the employer shall bear the corresponding civil liability. In addition, the employer must agree with the employee if it wants to adjust the employee's job position.

Legal analysis: If the employer has deducted wages, the employee can complain and report to the labor and social security department (labor inspection brigade); It is also possible to apply to the Labor Dispute Arbitration Commission for labor arbitration.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Article 50 Wages shall be paid to the laborers themselves on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.