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Hello: 1. It is not legal for the company to do this. "The company stipulates that overtime work needs to be written and punched in", if the company strictly follows this regulation to deal with overtime and overtime pay, then this month's practice is legal.
However, because "we did not write an overtime order last month, but we still pay overtime according to the actual overtime work we punched in", it is regarded as a change in the company's overtime system, and the change is effective due to the confirmation of payment by the unit. Until further notice from the Company, both parties shall comply with the revised overtime system. The employee's overtime, and the company's statement that "only half of the overtime pay is given to us", is not effective for this month because it was not notified in time.
You will still be paid the full amount of overtime at the previous month's rate.
2. Because the company already stipulates that "overtime needs to write an overtime application form and punch in", and "if you don't write an overtime application and say that you only give us half of the overtime pay", this new system should be effective for your overtime next month, and you must follow the implementation, otherwise you may bring losses to yourself.
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If the company has a rule to apply for overtime, it is completely okay if you don't write it. But as the landlord said, if any of you have given it without writing, and you can prove this statement, it means that your regulations have changed, and they should be implemented according to the latest regulations.
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If it is not legal, it can be reported to the labor inspection brigade.
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1. What is the maximum fine that the company can impose on employees?
1. The maximum fine imposed by the company on employees shall not exceed 20% of the employee's 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. The employer does not have the right to impose fines on the employee, regardless of the amount.
The employer may require the employee to bear part or all of the losses only if the employee causes direct economic losses to the employer due to gross negligence or subjective intention.
2. 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 monthly salary of the worker Sun Yin.
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.
2. How to deal with the company's arrears of wages.
1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work;
2. After confirming the labor relationship, for the illegal behavior of the unit in arrears of wages, you can negotiate with the boss and ask the unit to pay back wages;
3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration;
4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.
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The maximum fine under the Labor Contract Law shall generally not exceed 20% of the employee's monthly standard salary: the employer does not have the right to impose a fine, but may require the employee to bear the liability for breach of contract in accordance with the labor contract. Legal basis:
Article 80 of the Labor Contract Law of the People's Republic of China Where the rules and regulations of an employer directly related to the vital interests of employees violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.
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Legal analysis: The punishment of the employee by the unit has administrative sanctions or economic penalties. Among them, the administrative sanctions on employees are divided into:
Warnings, demerits, major demerits, demotion, dismissal, probation, expulsion. At the same time as the above-mentioned administrative sanction is given, a one-time fine may be imposed on the group split. The amount of the fine imposed on the employee shall be determined by the enterprise, and shall generally not exceed 20% of the employee's monthly standard salary.
Legal basis: Company Law of the People's Republic of China
Article 11 The articles of association of the company must be formulated in accordance with the law to establish a company. The articles of association of the company are binding on the company, shareholders, directors, supervisors and senior management.
Article 17 The company must protect the legitimate rights and interests of employees, sign labor contracts with employees in accordance with the law, participate in social insurance, strengthen labor protection, and achieve safe production. The company should adopt a variety of forms to strengthen the vocational education and on-the-job training of the company's employees and improve the quality of employees.
Article 10 The employees of the company shall organize trade unions in accordance with the Trade Union Law of the People's Republic of China, carry out trade union activities, and safeguard the legitimate rights and interests of employees. The company shall provide the necessary conditions for the activities of the company's labor union. The labor union of the company signs a collective contract with the company on behalf of the employees on the labor remuneration, working hours, welfare, insurance, labor safety and health and other matters of the employees in accordance with the law.
In accordance with the provisions of the Constitution and relevant laws, the company implements democratic management through the workers' congress or other forms. When the company studies and decides on major issues in restructuring and operation, and formulates important rules and regulations, it shall listen to the opinions of the company's trade union, and listen to the opinions and suggestions of employees through the workers' congress or other forms.
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The maximum fine imposed on an employee by an enterprise shall not exceed 20% of the employee's salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage standard, it will be paid according to the lowest wage standard of the most town search town. Generally speaking, employers are not allowed to deduct wages from employees.
Under any of the following circumstances, the employer may withhold the employee's wages by omission: (1) the individual income tax withheld and paid by the employer; (2) The social insurance premiums that shall be borne by the individual worker withheld and paid by the employer.
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