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If the worker causes economic losses to the employer due to his own reasons, he shall compensate the employer in full for the losses. The employer may require the employer to compensate for economic losses in accordance with the provisions of the employment 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 monthly salary. 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.
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 monthly salary.
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.
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A maximum of 25% of the basic salary can be deducted
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According to Article 33 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs", intentional destruction of public or private property shall be prosecuted if one of the following circumstances is suspected:
1) Causing losses of 5,000 RMB or more to public or private property;
2) Destroying public or private property three or more times;
3) Gathering three or more people to openly destroy public or private property;
4) Other situations where the circumstances are serious.
For the acquisition of other or damaged items of a person or unit, it cannot be simply defined as illegal, but depends on the specific "subject amount", that is, the value of the goods specifically referred to in the legal relationship, if it exceeds the provisions of the law, it is a crime.
Also, you said that let others compensate you for your things, how to compensate, this law does not have specific provisions, it still depends on the specific intention of the parties, if the parties agree, the law will not prohibit it (of course, this consent must not violate the premise of the law), so the question of how to compensate depends on the boss!
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Summary. Legal analysis: There are no specific provisions in the law on the amount and proportion of employees' compensation for losses, which are mainly stipulated in the standardized management system or specified in the labor contract, but they must be legal, reasonable and reasonable, and take into account the limits of the employee's ability to bear it.
Work in the factory and scrap the product! The boss said that he would deduct my salary, and according to the labor law, he should deduct a few percent.
Legal analysis: There are no specific provisions in the law on the amount and proportion of employees' compensation for Nian Min's losses, which are mainly stipulated in the standardized management system or specified in the labor contract, but they must be legal, reasonable, reasonable and take into account the limits of the employee's ability to bear it.
Dear, hello need to take a comprehensive look, what is the value of employees' scrapped products? Is it all the reason for the employee's operation?
However, according to Article 16 of the "Regulations on Rewards and Punishments for Employees of Enterprises", the amount of fines imposed on employees shall be determined by the enterprise, and generally not exceed 20 percent of the standard monthly wages of the employees.
For example, the monthly salary is 3,000 yuan, and if the employee has no major intention or gross negligence, it shall generally not exceed 600 yuan.
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If the employer deducts wages without reason, and the employee does the employer's work badly, 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.
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After writing, look at the company's reward and penalty system.
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Hello, please ask whether you have signed a labor contract with the employer, and whether the employer has covered you with social insurance.
According to paragraph 2 of Article 38 of the Labor Contract Law, if the employer fails to pay the remuneration in full and in a timely manner, the employee may terminate the labor contract.
It is advisable to first collect relevant evidence of your employment with the employer, such as attendance records, pay stubs, employment contracts, etc.
After the collection is completed, you can negotiate with the employer in accordance with the law to claim the wages you deserve, and if the negotiation fails, you can go to the local labor arbitration committee to apply for labor arbitration.
You can negotiate with the mobile phone boss first, and if the negotiation fails, you can go to the local labor arbitration commission to file for arbitration. You can also consult the labor arbitration board about your problem and have them investigate.
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Those on his pay stub are mandatory clauses and can be invalidated.
As long as there are pay stubs and attendance records, you can prove your employment relationship.
You can settle the matter through negotiation, arbitration, or litigation.
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Hello:1 Unilateral agreement is invalid. Moreover, what is said is inherently invalid.
2 You should want your wages back. If you apply for arbitration, etc., you must have evidence in your favor: the working relationship, the content of the agreement between the parties, etc.
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The unilateral system of the boss is not effective, and the salary is still subject to the labor contract. It is advisable to prepare the labor, attendance, and wages received this month, and claim wages from the company through arbitration.
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It is best to file a complaint with the local labor department in your case so that it can be effectively resolved. However, you must have the relevant documents or evidence to prove that you work with the company: such as an employment contract, pay slips from previous months, or bank statements (payroll cards).
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The labor law stipulates that it is illegal to have no basic salary, and the minimum wage standard is violated.
It is completely possible to report to the police or go to the labor department to file a lawsuit. Although you have not signed an employment contract, you have formed a de facto employment relationship with your boss, and your private boss must admit it. The boss does not pay you, which is illegal and should be punished by law.
In general, if there is a labor contract, you can use some legal means, and if there is no labor contract, then you can apply to the labor department for labor arbitration with the salary documents, although it is more troublesome than the procedures without a labor contract, but you can also get your salary back.
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