Labor contract and malicious deduction of wages, is it legal to deduct wages under the labor contrac

What you say is just a statement, and I will only make a few comments on what you say.

First, the employment contract number is not mandatory, it is only used for the convenience of finding or counting, and has no other meaning.

Second, the labor contract does not need to be verified by the labor administrative department at present, but it must be filed with the labor administrative department, and the labor contract takes effect from the date of signing by both parties, and the labor relationship is established from the date of employment, to be precise, the day of your first day of work is the date on which the labor relationship is established.

Third, if you started work on October 12, 2011, the employment contract should start from October 12, 2011. The reason why the employer set the signing date on November 30, 2011 is to avoid the fact that the contract will not be signed within one month from the date of employment, and the salary will be doubled from the next month.

Fourth, if the labor contract stipulates that the salary is 1,700 yuan and 500 yuan benefit salary, it may be that because you do not reach the quota, the benefit salary may not be given, then you should also deduct the salary of 1,200 yuan for the days when you don't go to work, and then deduct the fine for absenteeism, and the five insurances and one housing fund should be paid, I think the remaining 32 yuan is a bit less.

So what's reasonable? 1200 yuan a day for the daily wage, according to this standard to deduct 4 days of wages is legal, and then deduct the insurance is also reasonable, but can not deduct the fine, and then deduct less than 80% of the monthly salary, will affect the life of employees, this does not meet the provisions of the deduction of wages, if you pay the fine yourself, you pay more after the salary is not illegal, that is your voluntary.

Finally, I advise people, you go to work in a state-owned enterprise, it may not be easy, you had better figure things out before taking action, state-owned enterprises are not efficient, don't be in a hurry, mistake the right thing.

2. The contract is not numbered.

3. Contract Attestation Agency, Attestation Witness, Attestation Date. All blank.

These are not necessary and do not affect the validity of the contract.

Only 32 yuan after working for 18 days?

Yes, you can apply for labor arbitration.

After the employer signs the Labor Contract with the employee, the contract shall be served on the employee; If the employer withholds the employee's wages, it needs to provide evidence on the legality of the deduction of wages.

The deduction of basic salary violates the Labor Law of the People's Republic of China.

The basic salary is one of the components of the bench preparation, and the salary can be calculated in different forms such as hourly salary, monthly salary, annual salary, etc. Wages are essentially the value or ** of labor. Wages are an important part of the cost of production.

The minimum amount of wages is called the minimum wage, and there are various divisions of wages, such as pre-tax wages, after-tax wages, and incentive wages.

When the basic salary is deducted, the person concerned can file a complaint with the Labor Inspection Brigade. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law. The parties may also apply for labor arbitration.

In the event of a labor dispute, the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Interim Provisions on Payment of Wages".

Article 15 An employer shall not deduct a worker's wages for leniency or ruin. 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;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations. Article 16 Where economic losses are caused to the employer due to the worker'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 salary for that month. 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. Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal Analysis: Wage deduction refers to the deduction of wages due to employees by employers without justifiable reasons. The following wage reductions are not included:

1. There are clear provisions in the laws and regulations of the state. 2. There are clear provisions in the labor contract signed in accordance with the law. 3. There are clear provisions in the factory rules and disciplines formulated by the employer in accordance with the law and approved by the workers' congress.

The act of deducting wages should be determined according to the specific circumstances of the bureau.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and national regulations, pay the labor remuneration to the employee 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 laborer 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 the labor contract without paying economic compensation to the worker in accordance with these laws and regulations.

Legal Analysis: The employer has formed a de facto employment relationship with the employee after employing the employee, but has not signed an employment contract with the employee. Thereafter, if the employer arbitrarily deducts the employee's wages, the act should be illegal.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. If a labor contract has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of judgment on the date of employment.

The employment contract shall not provide for the deduction of wages. Except in one of the following circumstances, the employer shall not deduct the employee's wages without justifiable reasons: alimony and alimony required to be withheld in court judgments or rulings; Individual income tax withheld and paid by the employer; The social insurance premiums withheld and paid by the employer shall be borne by the employee; Other.

Article 15 of the Interim Provisions on Payment of Wages shall not be deducted from the wages of employees. Under any of the following circumstances, the employer may withhold the wages of the employee: (1) The individual income tax withheld and paid by the employer; (2) The various social insurance premiums withheld and paid by the employer that should be borne by the person who fights the dust; 3) Child support or alimony required to be withheld in court judgments or rulings; 4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

Legal analysis: Wage deduction refers to the deduction of the employee's wages due by the enterprise without justifiable reasons (i.e., all the labor remuneration that the enterprise should pay to the employee according to the standard stipulated in the labor contract on the premise that the employee has provided normal labor).

Legal basis: Article 50 of the Labor Law of the People's Republic of China Article 50 Wages shall be paid to the worker himself in the form of money on a monthly basis.

Article 7 Wages must be paid on the date agreed between the employer and the employee. In the case of holidays or rest days, payment should be made in advance on the nearest working day. If wages are paid at least once a month, the weekly, daily, or hourly wage system is implemented, and wages may be paid on a weekly, daily, or hourly basis.

If the employer does not pay wages on time, the employee should report it to the local labor department as soon as possible.