If you are injured by an employee and then your wages are deducted, whether the labor law stipulates

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.

The employer shall not deduct the employee's salary without reason, and it is illegal to deduct the salary in this way.

No, it is recommended that you file a complaint with the Labor Bureau Inspection Brigade.

Legal Analysis: Yes, evidence is required. If the party concerned confirms that he has not violated the rules and regulations of the employer, or if the employee has caused losses to the employer, and the employer requires the employee to bear responsibility, and the deduction of wages exceeds 20% of the monthly salary of the party, it is an arbitrary deduction of wages by the employer, and the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation.

The parties concerned may report to the local labor inspection administrative department or apply for labor arbitration, etc.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it 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 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 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.

This is unreasonable, the worker's injury should be borne by the company, if the company has to pay work-related injury insurance to employees, then the work-related injury insurance will be responsible, if there is no help to pay work-related injury insurance, it is the company's problem, the company should be responsible for the cost. If the employee is injured due to your illegal operation, the company can give you an internal penalty, and 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 loss 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.

If an employee is injured at work, it is deemed to be a work-related injury, and the employer deducts the employee's performance pay during the work-related injury, and the full-time salary is illegal.

1. If you work for an employer, there are two ways to ask for wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If there is no employment contract, the shirt can be required to pay double the salary for the absence of a labor or travel contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on Payment of Wages Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

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

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

It is illegal to have their wages withheld for accidentally injuring a worker. First of all, if a worker accidentally injures a worker, it is a work-related injury, and the employee should apply for work-related injury determination; Second, if the employee intentionally or grossly negligently causes the employer's economic loss, the employer can make up for the loss by deducting wages. Finally, only when one of the circumstances set forth in Article 15 of the Interim Provisions on Payment of Wages occurs that an employer can withhold an employee's wages.

[Legal basis].Article 15 of the Interim Provisions on the Payment of Wages.

The employer shall not deduct the employee'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) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings; Dusty Song.

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

Legal analysis: The wages during the work-related injury period shall be paid according to the average monthly payment wage of the injured employee in the 12 months prior to the accident injury or occupational disease.

Legal basis: "Regulations and Greetings on Work-related Injury Insurance" Article 33 Where an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 decent months.

Summary. Dear, good boss, The labor law stipulates that employees' wages can be deducted. Yes, there needs to be evidence.

If the party concerned confirms that he has not violated the rules and regulations of the employer, or if the employee has caused losses to the employer, and the employer requires the employee to bear responsibility, and the deduction of wages exceeds 20% of the monthly salary of the party, it is an arbitrary deduction of wages by the employer, and the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may report to the local labor inspection administrative department or apply for labor arbitration, etc.

Can an employee's wages be deducted under the labor law?

Dear, good boss, The labor law stipulates that employees' wages can be deducted. Yes, there needs to be evidence. If the party concerned confirms that he has not violated the rules and regulations of the employer, or if the employee has caused losses to the employer, and the employer requires the employee to bear responsibility, and the deduction of wages exceeds 20% of the monthly salary of the party, it is an arbitrary deduction of wages by the employer, and the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation.

The parties concerned may report to the local labor inspection administrative department or apply for labor arbitration, etc.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it 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 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 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.

If the employer arbitrarily deducts wages, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may report to the local labor inspection administrative department or apply for labor arbitration, etc.