Is it legal to deduct double pay for personal leave? Is it legal to deduct double wages for holidays

If an employee takes personal leave, the employer may not pay the employee's wages during the personal leave, but it is illegal for the employer to deduct double the employee's salary, and the employee may file a complaint with the local labor inspection department or apply for labor arbitration if the employer deducts wages without reason.

1. If you work for an employer, there are two ways to ask for wages:

1. Workers can file complaints with the local human resources and social security 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 Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can 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.

2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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.;

Article 50 of the Labor Law 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.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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.

Do you have to deduct double your salary for taking leave? Is this legal?

It is illegal for the company to deduct double the salary for personal leave, and the company can not pay the personal leave salary, but it cannot deduct more.

At present, China's laws do not clearly stipulate how to deduct wages for employees' personal leave, which is generally based on the company's rules and regulations and labor contracts, but it has a precondition: it cannot exceed the mandatory and principled provisions of the law.

During the period of personal leave, the employer may not pay the employee's salary. In other words, the law allows the employer to deduct the employee's actual personal leave wages, but not more.

Legal analysis: It is illegal to deduct double wages from employees for holiday leave, and according to the current regulations, employers are not allowed to deduct fines from employees except for the economic losses caused to the employer by the hailstorms of employees.

Legal basis: Interim Provisions of the People's Republic of China on Payment of Wages Article 16 Where an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. The compensation for economic losses can be deducted from the wages of the workers themselves.

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.

Legal analysis: Employers cannot deduct double wages from employees, and it is illegal to deduct double wages for leave. Sixun can deduct leave pay, but it cannot be doubled.

It is possible to negotiate and request the unit to pay back wages, and if the negotiation fails, it may apply for labor arbitration. If an employee takes personal leave, the salary is calculated as follows: (days - number of days of leave) x daily wage.

Legal basis: Labor Law of the People's Republic of China Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.

Article 6 The employer shall pay the wages to the employee. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf. The employer may entrust the bank to pay the wages on behalf of the employer.

The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. The employer shall provide the employee with a list of his or her personal wages when paying the Shengyuan salary.

If an employee takes personal leave, the employer may not pay the employee's wages during the personal leave, but it is illegal for the employer to deduct double the employee's salary.

[Legal basis].

Article 18 of the Interim Provisions on Payment of Wages.

Labor administrative departments at all levels 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) Below the local minimum wage standard to support the failure to pay the wages of the workers. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 of the Interim Provisions on the Payment of Wages.

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

Legal Analysis: Unreasonable. It is illegal to deduct double wages for taking leave. Comma can negotiate to request the unit to pay back wages, and if the negotiation fails, it can apply for labor arbitration.

Legal basis: Article 77 of the Labor Law of the People's Republic of China In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principle of high resolution applies to arbitration and litigation proceedings.

Legal analysis: Employees who are in arrears of wages, do not pay wages, or deduct wages can file a complaint. You can also file a complaint with the Labor Bureau's Inspection Brigade.

If the company fails to pay the labor remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and ask for economic 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 conclusion is refused, the brother may apply to the court for compulsory enforcement.

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 employee's labor remuneration 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) 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.