Labor disputes, feeling that the boss deducted wages arbitrarily

Hello. Employees who make mistakes in the course of their work can be fined according to the company's rules and regulations, but in general, they will not exceed one-fifth of their salary.

Of course, if the company suffers significant losses due to the wrong behavior of the employee, such as being complained by the customer, compensating the customer for losses, etc., it may also need to bear the corresponding liability for compensation, but this needs to be clearly stipulated in the corresponding legal documents such as the labor contract.

If there is no significant loss to the customer at all, this situation is not a serious violation of the company's rules and regulations, and the penalty of deducting 1,000 yuan may be a bit too heavy, which can be reported to the relevant labor inspection department.

A one-time deduction of 1,000 yuan from the company's salary is definitely illegal from a legal point of view. Even if the company suffers losses, the deduction ratio is also stipulated, that is, the monthly deduction part shall not exceed 20% of the monthly salary.

What you said should only be a disciplinary problem, and it has not caused any loss to the company. In principle, it should be handled in accordance with the company's management regulations, rather than arbitrarily deducting wages. If the management regulations do not stipulate that wages can be deducted, let alone because of the boss's words, this is an obvious violation of the law.

The legal basis is as follows:

Interim Provisions on Payment of Wages issued by the Ministry of Labor

Article 16 If the employer suffers economic losses due to the worker's own reasons, the employer may require the worker 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.

This needs to be based on the contract and the company's system, and it is necessary to communicate well with the boss, and it may also require the participation of administrative personnel, or the boss may not necessarily want to dismiss the personnel, so it is necessary to do it yourself, so that he can not find the fault, sometimes it is useless to admit mistakes, people are under the roof, they have to bow their heads, and find other ways to coordinate with the boss.

Absolutely.

The company does not have the right to deduct employees' wages, and the company is a legal organization, not an administrative agency, and has no right to impose fines on employees.

If the company deducts the employee's salary, you can communicate with the company first, if you can't communicate, you can keep the evidence, complain to the labor inspection team, and if the complaint still can't be resolved. You can go to a labor arbitration institution for labor arbitration.

It is completely possible to go to the labor arbitration side to arbitrate this matter. The boss cannot deduct wages arbitrarily, and in the current enterprise, unless there is enough evidence to prove the losses you caused, you can claim compensation, but you cannot deduct wages arbitrarily.

If the boss deducts wages arbitrarily, of course, he can go to the labor department to apply for labor arbitration. An employee's salary is protected by law, and if he makes a mistake and violates the rules and regulations of the unit, it can be deducted, but it is impossible to deduct it without reason.

Hello, when you encounter this situation, you can go to the labor department to complain. Of course, relevant evidence must be provided.

Lao Ke can apply for labor arbitration to deduct wages, and prepare all the evidence himself.

Yes, but everything pays attention to evidence, and our system is who sues and who presents evidence, otherwise you will sue with a casual sentence, and it will not be messy, so the first step is to find evidence to prove that your boss deducted wages arbitrarily.

OK. He's already breaking the law. There are provisions in China's criminal law. In addition to the public security organs or relevant ** departments have the right to fine Chinese citizens. Individuals or companies have no rights. OK.

Hello, if the boss deducts wages arbitrarily at work, you can report him to labor arbitration.

If the boss deducts wages arbitrarily, can you sue him in labor arbitration, which is definitely possible, but if there is no contract with the labor contract, I think it is difficult to succeed.

The boss's arbitrary deduction of wages is an illegal act, which violates the provisions of the labor law, and can be complained to the labor bureau for arbitration.

If the boss allows the salary to be deducted, it is okay. It is your right to apply for labor arbitration to protect your rights and interests.

If the boss arbitrarily deducts wages, can he sue him in labor arbitration? Yes, the boss deducts wages arbitrarily, and you can sue it in labor arbitration.

When you are working, the boss can apply for labor arbitration if you deduct your wages, and he can also go to the union to solve it for you.

Hello landlord! It is recommended to communicate more with the boss, and if it is really impossible to solve the problem, you can initiate arbitration.

According to the provisions of China's labor law, the employer is not allowed to deduct the employee's salary at will, you can go to the labor bureau or the labor arbitration team to reflect and let them solve it.

The boss must have sufficient evidence to deduct wages arbitrarily, so that he can sue him in labor arbitration.

You have to keep the evidence, go directly to the labor bureau and report the other party, it is reasonable, and the labor arbitration will definitely consider the problem from the perspective of the rights and interests of the workers, so the money will definitely be obtained.

Arbitrary deduction of wages, but you have to find the corresponding evidence before you can go to the labor bureau to sue him.

When you have enough evidence, of course, you can apply for labor arbitration, and then labor arbitration will give you a reasonable solution.

Yes, there is every reason to do so.

If there is a labor contract, go directly to the labor bureau for arbitration.

Legal analysis: If the boss arbitrarily deducts the employee's wages, the labor bureau will order the payment of the employee's wages and economic compensation, and may order the payment of compensation.

Legal basis: Civil Code of the People's Republic of China Article 91 If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) deducting or defaulting on the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (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.

Labor and dispatch to deduct wages and report to the local labor administrative department. The administrative department of labor security shall order the payment of wages to the workers within a time limit and the remuneration for malfunctioning; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable.

Article 26 of the Regulations on the Supervision of Labor and Social Security If an employer commits any of the following acts, the administrative department of labor and social security shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable: (1) Deducting or defaulting on the employee's wages and remuneration without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

You can file a complaint with the labor administrative department.

According to the provisions of the Labor Law of the People's Republic of China:

Article 91: If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

(2) Refusal to pay wages and remuneration for extended working hours;

(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.

Legal Analysis: 1. Argument based on reason.

In cases where the conflict is only between the company and you, and you believe that it can be resolved through negotiation, you should argue on the basis of reason. 1. Clarify the basis for wage calculation and payment, so that the situation of wage deduction can be clearly displayed; 2. Inquire about the reason for the deduction of wages; 3. You should be clear that the law of our country stipulates that wages cannot be deducted or fined.

Wages are generally divided into two parts, one part is a fixed salary, which is calculated and paid according to the number of days of attendance, and cannot be deducted, even if you do something wrong; The other part is the bonus part, which can be decided to give more or less according to the individual's work performance. If the two parties have agreed on a fixed salary, even if they do something wrong, they cannot deduct their wages, and there is no legal basis for not deducting wages because of employees' disciplinary violations and early resignation.

2. Complaints and reports.

Employees can choose the following ways to complain about the deduction of wages by local enterprises: 1. Fight the labor security hot 12333 complaint, which is unified across the country, and real-name complaints are required when complaining, and their ID numbers and names must be provided. You can make a complaint a few more times; 2. Complain to the labor inspection brigade of the local labor station and the human resources and social security bureau These agencies are professional in handling labor disputes, and they will come to investigate and deal with illegal acts of wage deduction.

3. Labor arbitration.

If the company can explain that it is not a deduction of wages, but a reduction in wages due to attendance and bonuses agreed upon by both parties, the above institutions will not deal with it. In this case, if you believe that the company has indeed deducted, you can initiate labor arbitration. There is no need to think too much about it, and the materials that workers need to submit for labor arbitration are very simple.

1. My ID card (original and copy) 2. Basic information of the enterprise (printed for industrial and commercial registration) 3. Labor contract 4. Fill in the labor arbitration application form and explain the reasons why you think the wages have been deducted. You only need to explain this, and if you don't need to provide evidence, whether or not the wages are deducted should be proved by the unit.

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.

Labor Contract Law of the People's Republic of China Article 85 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 the employee 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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.