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If the employee leaves the job without authorization and causes actual losses to the employer, the employer may demand compensation from the employee.
If you are in arrears of wages, you can call 12333** to complain if you do not pay wages or deduct wages, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer 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 labor remuneration of the worker 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) arranging 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.
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Theoretically, you shouldn't have deducted last month's money.
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It is illegal to deduct 3 days of pay for one day of absenteeism. You can go to the labor inspection brigade where the unit is located to file a complaint and handle it, or you can request labor arbitration, and if you are not satisfied with the arbitration result, you can also file a lawsuit. The calculation method of deducting wages for absenteeism is to deduct the basic salary for the day when you do not come to work on that day.
Rock no. 1.Absenteeism shall not deduct the employee's wages, and absenteeism can only be deducted according to personal leave, that is to say, there is no salary on the day of absenteeism, and one day cannot be absent from the work, and three days shall be punished, etc., similar practices are illegal.
2.Absenteeism is a serious violation of discipline in many units and may result in dismissal, but the employer cannot withhold the wages of employees who have already worked.
3.Some units will use other methods, such as imposing administrative penalties in accordance with the rules and regulations, rather than directly deducting wages.
4.If the negotiation fails, you can go to the labor inspection brigade where the unit is located to file a complaint and file a case.
Legal basis. Article 91 of the Labor Law of the People's Republic of China Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or defaulting on the wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended work hours of labor; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
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Legal analysis: Absenteeism is deducted from the current month's salary, but not in full, but according to the number of days of absenteeism. In addition, if the employer suffers losses due to the employee's absenteeism, the employer may require the employee to compensate for the corresponding loss, but it will also be deducted from the salary, and a little will be deducted every month.
Legal basis: "Labor Contract Law of the People's Republic of China".
Article 29 The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.
Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
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Summary. It is not legal for absenteeism to deduct the previous month's wages. However, if you are absent from work and do not have any salary this month, and at the same time you leave your job or no longer continue to work, the employer has the right to deduct the previous month's salary in order to recover the loss, because if your absenteeism causes losses to the employer, the employer has the right to require the employee to compensate for the loss, and the amount of the loss can be deducted from the salary.
It is not legal for the absenteeism union to withhold the previous month's work. If there is absenteeism, under normal circumstances, it is to deduct this month's salary, but if you are absent from work, you do not have any salary this month, and at the same time, you have left the company to sell, or no longer continue to work, the employer can have the right to deduct the previous month's salary in order to recover the loss, because your absenteeism has caused losses to the employer, the employer has the right to require the employee to compensate for the loss, and the amount of the loss can be deducted from the salary.
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.
What exactly is your situation?
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Legal Analysis: No. Absenteeism cannot be deducted from wages, and wages for absenteeism can only be waived because of absenteeism, that is, the wages of the day of absenteeism will not be paid according to the wages of the next month.
Absenteeism is also a violation of the employer's regulations, and the employer may terminate the labor contract without paying compensation for repeated absenteeism. Civil servants of administrative organs who are absent from work may be given warnings, demerits, or major demerits; where the circumstances are more serious, sanctions of demotion or removal are to be given.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes a labor relationship with another employer at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
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Absenteeism will deduct the previous month's wages. Absenteeism is deducted from the current month's salary, but not in full, but according to the number of days of absenteeism. In addition, if the employer suffers losses due to the employee's absenteeism, the employer may require the employee to compensate for the corresponding loss, but it will also be deducted from the salary and deducted a little bit every month.
The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the employee the labor remuneration in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Labor Contract Law of the People's Republic of China
Article 29.
Performance of the Labor Contract] The employer and the employee shall fully perform their respective obligations in accordance with the provisions of the labor contract. Article 90.
Liability of Employees] If a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or the non-compete restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
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No. Absenteeism cannot be deducted from wages, and wages for absenteeism can only be waived because of absenteeism, that is, the wages of the day of absenteeism are not paid when the wages of the absenteeism are paid in the next month of hunger. Absenteeism is also a violation of the employer's regulations, and the employer may terminate the labor contract instead of paying compensation instead of paying compensation for repeated absenteeism.
Civil servants of administrative organs who are absent from work may be given warnings, demerits, or major demerits; where the circumstances are more serious, sanctions of demotion or removal are to be given.
1. Is it necessary to pay severance for absenteeism and termination of labor contract?
Absenteeism is not required to pay severance for termination of the employment contract.
1. For absenteeism due to termination of labor contract, no compensation is required, and the relevant provisions of the Labor Contract Law are one of the conditions for the enterprise to dismiss employees, that is, if the employee is absent from work for a long time and violates the relevant regulations of the enterprise, the enterprise may terminate the labor relationship.
2. There is no economic compensation for the dismissal of employees who are absent from work, but one condition is required, that is, the employee is absent from work and seriously violates the rules and regulations of the employer, if the absenteeism is only one or two days, the employer shall not dismiss him without reason, if he is dismissed, the employer needs to compensate the employee financially, but if the employee wants to resign, he can notify the unit in writing 30 days before the resignation.
2. After being absent from work for one year, how many years can the labor contract be terminated?
If the rules and regulations of the employer are seriously violated, the employer may terminate the labor contract. The employer may terminate the labor contract if the employee is absent from work for a few days, and the employer may formulate an internal management system for the unit. In practice, the prevailing standard is to be absent from work for 3 days as the criterion for dismissal.
If the employer stipulates in the rules and regulations that the employee can be dismissed if he is absent for 3 consecutive days, and the rules and regulations have been formulated through democratic procedures and the employee has been informed, the court will uphold it.
3. How to calculate the amount of miners' wages deducted.
Absenteeism is a serious violation of discipline, and there is no provision on how to withhold wages, but the rules and regulations formulated by the employer in accordance with the law stipulate it. During the period of the planned economy, state-owned enterprises used to have the practice of deducting one day of wages and another day of wages. After the reform of the labor system, some employers have increased the punishment for absenteeism.
Article 39 of the Labor Contract Law of the People's Republic of China provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
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