Who should I complain to if my salary is deducted during the probationary period?

Supplement: If there is no commitment at all, the unit must pay wages in accordance with the contract, which is a mandatory provision of the labor law and does not require the commitment of the other party. If the salary is not stipulated in the contract, then you need to show evidence to prove it, such as how much other employees have paid and how much you have paid, or use the payslip, or use the salary system of the unit, or find other colleagues to prove it for you.

In addition, you can resign at any time, and there is no limit to the probationary period.

You should file a complaint with the Labor Bureau, which should now be called the Labor and Social Security Bureau, or file an arbitration complaint with the Labor Arbitration Commission.

Specifically, you should file a complaint with the labor bureau of the district where your unit is located, or the labor arbitration commission where you are located for arbitration. In contrast, I personally think that arbitration can better protect your rights and interests, but the arbitration time is longer, if you complain to the labor bureau, if the labor bureau accepts and handles it, then your rights and interests can be protected in a shorter period of time, but if the labor bureau is passive and slack, you still have to apply to the arbitration commission for arbitration.

The behavior of the unit is illegal, and the contract can be terminated at any time during the probationary period, so the employer cannot deduct wages, and when you file an arbitration or complaint, you can also require the employer to pay 25% of the wages as economic compensation, which is the right of the worker under the labor law.

If you have any questions, please add them and good luck.

Directorate of Personnel, Labor and Social Security.

Or go directly to the Labor Inspection Brigade to complain.

Legal analysis: According to the relevant laws of China, if an employee causes losses to the company during the probationary period, it is legal for the employer to deduct wages, but the monthly deduction shall not exceed 20% of the employee's monthly salary.

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the term of the labor contract shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

During the probationary period, the employer can deduct wages from the employer, and the options are negotiation, mediation, arbitration and litigation. Of course, if you can negotiate with the company, it is also the best outcome for the employee, because this way of dealing with it will also be beneficial to their future work. However, if the employee is deducted from his or her wages for violating labor discipline, this is also a normal form of punishment.

1. What should I do if my salary is deducted during the probationary period after employment?

1. Negotiate and settle.

Direct negotiation between the employee and the employer on the issue of labor disputes is not a mandatory procedure, and the two parties may or may not negotiate, which is completely voluntary.

2. Apply for mediation.

The procedure for the parties to apply to the labor dispute mediation committee for mediation in the labor dispute that has already occurred.

The mediation procedure is also voluntarily chosen by the parties, and the mediation agreement is not enforceable, and if one party repents, it can also apply to the arbitration institution for arbitration.

3. Arbitration.

If a party wants to file a lawsuit to fight a labor lawsuit, it must go through the arbitration procedure and cannot directly file a lawsuit with the people's court.

4. Litigation settlement.

2. What are the laws and regulations for deducting wages?

According to the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the Ministry of Labor (Lao Bu Fa [1995] No. 226), "deduction" refers to the deduction of the wages due to the employee by the employer without justifiable reasons (i.e., all the remuneration that the employer should pay to the employee according to the standard stipulated in the labor contract on the premise that the employee has provided normal work).

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker 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. Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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 below 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.

Whether it is during the probationary period or after becoming a regular, the company has no right to deduct its salary for no reason, and it is definitely illegal for the company to deduct wages when there is no mistake during the probationary period. Employees have a lot of options to deal with, because the salary during the probationary period is not high, and the benefits outweigh the losses if you apply for labor arbitration directly, but the company has no intention of returning your wages and cannot let it go.