Is it legal for a security company to fire an employee for deducting clothing fees?

It is not legal for a security company to dismiss an employee for deducting clothing fees.

1. Security is a special profession, and special occupations have their own special regulations.

The labor contract is directly generated by the company, the company signs a labor contract with the employing unit, collects wages, and then the company pays wages to the security guards, which extracts a lot of profits, so the wages of the security guards are low.

Security is a special profession, and his particularity requires the preparation of special industry clothing with a logo, which has a special mark, which is different from conventional clothing and needs to be formulated alone.

According to Article 27 of the Regulations on the Administration of Security Services, security guards should wear security guard clothing and wear a unified national security service logo.

The provision of corresponding security guard clothing for security guards is a statutory duty of the security company and is part of the working conditions that the security company should provide, because the expenses incurred shall not be borne by the workers, but are part of the operating costs of the company operating the security services, and shall not be passed on to the workers.

This makes it very clear that the clothing should be provided by the security company.

2. It is the employer's obligation to provide working conditions for the workers.

Working conditions are the hardware that ensures that workers can complete their jobs. It includes clothing, utensils, shelter, etc. for special work.

It is the legal obligation of the employer to provide the corresponding working conditions for the employee.

The working conditions provided by the employer refer to the material conditions necessary for the daily production and business activities provided by the employer.

As a company specializing in providing security services, security companies should provide security guards with uniform security guard clothing, which is a legal obligation for security companies to provide corresponding labor conditions.

Obligatory things are not allowed to collect money.

3. What should I do in this situation?

When we encounter such a situation, we must dare to say no! Can't hold back your anger.

According to China's law, wages can only be deducted if an employee is grossly negligent and causes heavy losses to the unit.

China's "Labor Law of the People's Republic of China", which came into effect on January 1, 1995, makes provisions in this regard.

Article 16 Where economic losses are caused to the employer due to the worker'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.

If you have not caused losses to the unit, and the employer has deducted the clothing fee as a reason, it will not be lawful.

If the company does not pay it back, you can go to the labor inspection brigade to complain or call the local mayor **** to complain, and this kind of trivial matter should not go to arbitration or court.

Closing Remarks:

The security company's deduction of the cost of security clothing will not be more unreasonable, because this is a necessary security item for the job, which should be borne by the company and should not be borne by the security guard. If the unit compulsorily deducts, it must dare to say no and use a variety of means to get it back.

It is not legal for a security company to dismiss an employee for deducting clothing fees. First of all. Security guards are trained and studied in security companies.

Of course, there is a series of training contents such as training contracts issued by security companies, clothing, and learning environments. In the process of training the security personnel, all the expenses of consumption should be borne by the security guards. When the garment is dismissed, the garment must be returned to the company.

But when the security company fires its employees. He should not deduct the cost of clothing. It will deduct some of the garment's impairment fees accordingly.

Because this costume is already old after you wear it, and if you let someone else wear it, you won't be able to wear it. You should sign the contract before the training is very clear. If it helps you, let's do it!

It is not legal, it is illegal for the security company to dismiss employees and deduct clothing expenses, and the company has the obligation to provide free tooling to employees. Although we think this is illegal, it is widely practiced in real life, and it can be said to be an unspoken rule of the industry! You should appeal to the labour inspectorate to defend your rights.

It is legal for the security company to dismiss the employee and deduct the cost of clothing, which is legal in the case of a refund from the employee department. Because the clothing is the work clothing issued by the security company to the employee, the work clothes should be returned to the security company during the dismissal or resignation of the single employee.

Article 9 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall not require the worker to provide a guarantee or collect property from the worker in any other name, and shall not seize the worker's resident ID card or other documents.

As long as the employee returns the clothing and the company insists on deducting the fee, it must be illegal.

During the period of employment, if the employer provides the employee with work clothes, safety helmets and other related benefits or labor protection supplies to ensure the personal safety of the employee and improve the working conditions of the employee, it shall be regarded as the working conditions provided by the employer for the employee, and the expenses arising therefrom shall be borne by the employer and cannot be deducted from the employee's salary.

After the employee leaves the company, the employer may require the employee to return the work clothes, and may claim compensation for the losses caused, but the employee's wages cannot be deducted on this ground.

If the employer deducts wages in various names, it shall unconditionally return the wages to the employee himself, otherwise, the employee may report to the local labor inspection brigade or submit to the labor dispute arbitration with the receipt and other evidence of the deducted money.

It is illegal for a security company to dismiss an employee and deduct clothing fees. Because the clothing of security guards is the same as the work clothes of workers, they are labor protection articles, and it is unreasonable to deduct clothing fees.

It is illegal for a security company to dismiss an employee and deduct clothing expenses, and during the employee's employment, the employer provides the employee with work clothes, safety helmets and other related benefits or labor protection supplies to ensure the personal safety of the employee and improve the working conditions of the employee, which is regarded as the working conditions provided by the employer for the employee, and the expenses arising therefrom shall be borne by the employer and shall not be deducted from the employee's salary and cannot be calculated within the minimum wage standard. After the employee leaves the job, the employer may require the employee to return the work clothes, but the employee's salary cannot be deducted on this ground. If the employer deducts wages in various names, it shall unconditionally return the wages to the employee himself, otherwise, the employee may report to the local labor inspection brigade or submit to the labor dispute arbitration with the receipt and other evidence of the deducted money.

It is unreasonable, because clothing belongs to the work clothes worn at work, and it is for the needs of work, so there should be no clothing fee at all.

It's kind of legitimate.

It should be legal for employees fired by security companies to deduct clothing fees, after all, we have already stated that this clothing should be borne by them when we sign the contract, or you have worn it, and you should have your own responsibility for this cost, so I think it should be legal for security companies to dismiss employees and deduct clothing fees.

It is illegal for the security company to dismiss the employee and deduct the clothing fee, because the clothing fee belongs to the professional clothing given to the employee by the company, and the employee is dismissed, not resigned by himself, so the clothing fee cannot be deducted.

Legal analysis: The fundamental reason for the company's deduction of employees' clothing fees is to use seemingly legal terms to reduce the company's losses. Workwear and other things are essential and indispensable for some companies (such as the catering industry).

These should belong to the category of tools of labour, which should be provided by companies, but many companies share the burden of the workers under various pretexts. The fundamental thing is to reduce part of the losses (don't look at the deduction per person, but the sum of the apportionment to the workers should not be underestimated). This kind of practice of the company is a split law, and as a worker, you can file a complaint with the labor department or apply for arbitration.

Legal basis: Labor Contract Law of the People's Republic of China Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

According to the relevant provisions of the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China, the employer may terminate the labor contract with the employee under several statutory circumstances.

Legal analysis

Under normal circumstances, regardless of whether it is public or private, the employment relationship governed by the provisions of the employment contract is equal and consistent.

If the employer arbitrarily terminates the labor contract for reasons prescribed by law or in violation of legal procedures, the employee has the right to apply for severance or compensation. If, after negotiation with the employer, the employer refuses to pay severance compensation, the employee has the right to apply to the labor dispute arbitration institution for arbitration, and if he is not satisfied with the arbitration result, he may also file a lawsuit with the people's court.

The important documents for the protection of the rights and interests of the employee and the employer when signing the labor contract, as well as the relevant laws and regulations on labor relations, also stipulate the relevant rights, obligations and procedures for the termination of the labor contract.

According to the calculation method of severance in the law (after 2008): one month's salary is paid after one year of service, two months' salary is paid after two years, and so on; If it is more than six months but less than one year, it shall be calculated as one year, but if it exceeds three times the average monthly wage of all local employees in the previous year, severance shall be paid according to the standard of three times the salary.

Legal basis

Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer and 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.

Employment contracts. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Labor Contract Law of the People's Republic of China 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: (1) the employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

There is a violation of discipline, what compensation do you want.

Compensation for at least one month's salary.

1.The employer's requirement for employees to dress uniformly is for the employer's business needs, and the clothing fee should be borne by the employer, and it is illegal to require the employee to bear it. If the clothing fee is directly deducted from the employee's salary, it is an act of deducting wages.

You can file a complaint with the local labor administrative inspection department. 2.Article 84 of the Labor Contract Law stipulates that if an employer violates the provisions of this Law by seizing a worker's resident ID card and other documents, the labor administrative department shall order the employee to return the employee within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; Those who cause damage to workers shall be liable for compensation. If a worker dissolves or terminates a labor contract in accordance with the law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.