How to properly deduct employees wages and how to deal with the deduction of employees wages

Clause. 1. If an employee of a security company abuses his power or colludes with others to damage the customer unit and causes the customer unit to suffer economic losses, the employee of the company shall bear full responsibility.

Clause. 2. If the company suffers losses due to the personal behavior of individual employees, the company has no reason to require other employees to bear responsibility. Even if such a contract is concluded, the relevant clauses of the contract are null and void.

Clause. 3. The monthly salary and bonus of each security guard are clearly stipulated in the labor contract, depending on the specific provisions in the contract. If it is necessary to deduct in advance in order to prevent risks, it should be clearly stipulated in the contract; If it is necessary to withhold in advance, then only the bonus can be withheld, and the salary is the basic labor remuneration of the worker, of course, it cannot be deducted; If it is necessary to reduce the company's losses after a hypothetical accident, then the responsible employees are not only liable within the scope of wages and bonuses, but also bear the entire company's losses.

Summary. With China's accession to the world organization and the acceleration of the process of global economic integration, the status and role of human resource management in the management of private enterprises are increasing, and the use of employee incentive mechanism to improve the core competitiveness of enterprises has become a necessary choice for China's private enterprises today. Through the study and analysis of employee incentives and incentive mechanisms in private enterprises, it is explained that the incentive mechanism of private enterprises must be adjusted accordingly with the changes of the business environment, and then the problems existing in the current incentive mechanism of private enterprises are analyzed according to the incentive theory, the reasons are pointed out, and the adjustment strategy is clarified.

On the basis of the background cognition of the current employee incentive mechanism of private enterprises, this paper first analyzes the current situation of employee incentive mechanism of private enterprises, so as to have a deeper understanding of the current situation of the incentive mechanism of private enterprises. Secondly, it is proposed that the problems existing in the incentive mechanism of private enterprises should be reflected according to the survey of employees' job satisfaction. Based on this, from the perspective of incentive theory, this paper designed a questionnaire on employee job satisfaction, conducted a questionnaire survey and interview survey on employee job satisfaction in some private enterprises in Xi'an, and conducted an empirical analysis of the questionnaire results to find out the problems of employee incentive mechanism. Finally, according to the existing problems, the corresponding adjustment strategy was formulated, so that it can attract talents and motivate employees to a greater extent, so as to form a good incentive mechanism and enhance the comprehensive competitiveness of private enterprises.

Through the analysis of the employee incentive mechanism of private enterprises, it can be seen that under the situation of rapid economic development, private enterprises can attract talents, give full play to the enthusiasm and creativity of employees, and make enterprises stand in a defeated position by formulating and implementing an effective employee incentive mechanism.

Key words] private enterprises, incentive mechanisms, existing problems, adjust strategies.

This is a ridiculous agreement, it has no legal force at all, don't sign it, take a good look at the labor law and criminal law!

It can be agreed in the contract.

Hey, my head is big when I see this.

But you can make it clear in the contract with the security company.

After the salary is paid, forget it, when you buy a lesson, you have to find a good person in the future.

It is still necessary to improve the quality of all employees.

Does the law make sense at the local level in China?

If you are unhappy, you will deduct the money! It's so simple to ask.

Legal analysis: If the company withholds wages, it can negotiate in advance. 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.

They may also file a complaint with the labor inspection brigade and apply to the labor arbitration commission for arbitration, and if they are not satisfied with the ruling, they may file a lawsuit with the people's court.

Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of 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.

Legal analysis: Yes, but the company's deduction of employees' wages is limited on a monthly basis, and it cannot be fully deducted, which violates the law. The monthly deduction of wages shall not exceed 20% of the employee's monthly wages in which the employee is assigned, and the reduced wages shall not be lower than the local minimum wage.

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 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.

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 and shall 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.

Article 16 Where economic losses are caused to the employer due to the reasons of the person who has completed the labor verification, the employer may require the employer 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 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.

Legal Household Analysis:1Under normal circumstances, the company cannot arbitrarily deduct the employee's salary unless the employee makes a mistake and causes losses to the company. The company cannot arbitrarily deduct the employee's salary.

2.As long as the employee works for the unit, the employer must pay wages according to the contract. If the employee argues that the fraud has caused financial losses to the company, he or she shall be compensated.

However, the amount of compensation deducted each month cannot exceed 20% of the salary income. The remaining income cannot be less than the local monthly minimum wage.

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 he or she has worked in the unit 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 number of towns and areas of the town where the employer is located, the standard of economic compensation shall be paid at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation shall be paid 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.

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 remuneration, but does not agree on the overtime remuneration base, the remuneration agreed in the labor contract shall be used as the overtime remuneration base.

If the remuneration items in the labor contract are divided into "basic salary", "post salary", "post salary", etc., the sum of each salary item shall be used as the base to calculate and pay the dust bucket shift fee, and no one of them 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 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.

Article 15 of the Interim Provisions on Payment of Wages shall not be deducted from the wages of employees. Under any of the following circumstances, the employer may withhold the employee's wages: (1) The individual income tax withheld and paid by the employer; (2) All social insurance premiums withheld and paid by the employer that should be borne by the worker; (3) Child support and alimony required to be withheld in court judgments and rulings; (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 employees' wages with the intention of doing so. Workers can file a complaint with the labour inspectorate. The administrative department will order the employer to make corrections. According to the relevant laws and regulations, the employer shall not deduct the employee's wages and shall pay the wages on time.

Interim Provisions on Payment of Wages".

Article 15. The employer shall not deduct the employee's wages. In any of the following circumstances, the employer may withhold the worker's wages:

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

(2) All social insurance premiums withheld and paid by the employer that should be borne by the worker;

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.

Enterprises cannot deduct training expenses from employees' salaries in advance, which is illegal and has no legal basis. According to Article 22 of the Labor Contract Law of the People's Republic of China No. 65 of the President of the People's Republic of China, if an employer provides special training expenses for employees and provides them with professional and technical training, it may enter into an agreement with the employee to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period. If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

The legal criterion is fair and pure: that is to say, the enterprise should carry out the necessary training for employees in order to allow them to work, and the staff training should be invested (training and training fees), and the employees should do certain work for the enterprise after the training and create certain value for the enterprise. The employer may enter into an agreement with the employee regarding the length of service to bind the employee's personal behavior (the loss caused by the resignation to the enterprise).

It is illegal to deduct all wages in violation of company regulations. If an employee violates the company's regulations and causes economic losses to the employer, he or she may deduct from the employee's salary to make up for the economic losses. However, the monthly deduction shall not exceed 20% of the employee's monthly salary.

When the employer deducts too much wages, the employee may apply to the Labor Dispute Arbitration Commission for arbitration.

[Legal basis].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 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.