Is it legal to garnish employees wages? 10

This is clearly stipulated in the Labor Law and the Interim Measures for the Payment of Wages: Employers shall not withhold employees' wages in any form!

Illegal, of course.

1. You just need to go to the labor inspection department to complain. The people don't sue the officials and don't complain, and now it's like this. According to the law, the café shall pay wages on time every month, otherwise double the salary. In fact, the part of your salary deducted should be paid twice according to the law.

Refer to the law; Labor Contract Law. What this law says is in the process of being implemented. As long as you fight for it, you can enforce it according to the law.

It is not legal, and the law does not allow employees to withhold their wages!

Illegal, the new labor law stipulates that wages and finances shall not be seized, nor can you ask for a deposit, you can check it on the Internet, go to the labor arbitration commission for mediation, or find ****.

Solve it by force I have done it before, I have done it before, but I don't want to do it, the boss doesn't pay the salary, I called a friend, pretended to be very fierce, and stood at the door, you go in to settle the salary, he will not give it to you, he will say that he is going to come to find trouble or something, and he wants to say it implicitly, the general boss is a bully and is afraid of evil, and he is also afraid of trouble, and you say that you are going to smash his shop or a glass car or something, maybe he will soon give you a salary deposit or something, and now there is no contract in these years, only violence to counter violence

Of course, it's not legal, but it's hard to sue.

Legal Analysis: Not Legal. Wages shall be paid as stipulated in the contract and include all expenses such as basic salary, bonuses, allowances and commissions.

If it is illegal to pay wages in arrears or withholding wages, full payment may be demanded and 25% of the arrears of wages may be paid as financial compensation. If the payment date exceeds the 15 days agreed in the contract, it will be considered as late payment. It is recommended that the dispute be resolved through negotiation.

If the negotiation fails, an application for labor arbitration may be made, which shall be submitted to the labor arbitration commission of the place where the unit is registered. When the labor contract relationship is terminated, the employer shall pay wages immediately and shall not breach the contract. Aftermath.

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

Article 39 The employer may terminate the labor contract if the worker 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 bureau's work tasks, 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.

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 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.

Legal analysis: For the situation that the company has depressed the wages of employees, it is necessary to distinguish between two situations and discuss. 1. Wage pressure is to restrict employees from changing jobs, which is not legal in this case.

2. However, if there is a provision in the articles of association of the company, and the rules and regulations are also legal and valid, then they are binding on employees, and such provisions are not for the purpose of restricting employees, then it cannot be considered illegal.

Legal basis: Article 5 of the Labor Law of the People's Republic of China Article 10 Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Legal Analysis: Employers shall not deduct or delay wages to employees without reason. This provision is the legal protection of the right to wages and remuneration of workers.

The so-called "deduction" refers to the deduction of the employee's wages by the employer without justifiable reasons. There are two criteria for the employer's behavior of deducting the wages of the employee: first, whether the employee has provided normal labor; The second is to see whether the employer has a legitimate reason. If the employee provides normal work without fault in accordance with the provisions of the labor contract, and the employer does not have a statutory reason for deducting wages, it is considered to have deducted the employee's wages.

The act of deducting the wages of workers is an act of violating the law and an infringement of the right to wages of workers.

Legal basis: Labor Law of the People's Republic of China Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Whether it is illegal to deduct wages is analyzed according to the actual situation

1. If the employee violates the regulations and causes losses to the company, it is not illegal to deduct wages;

2. If the employee's wages are deducted without reason, the employee can negotiate with the company to settle the problem, and can go to the local labor bureau to supervise and complain, and produce relevant evidence of the employer's infringement. This is because any violation of labor security laws and regulations by enterprises, institutions or other employers under the jurisdiction of the local government is within the scope of acceptance of reports and complaints.

It is illegal for an employer to withhold an employee's wages. However, the employer may withhold the employee's wages under the following circumstances:

1. Individual income tax withheld and paid by the employer;

2. The insurance premiums withheld and paid by the employer shall be borne by the employee;

3. The maintenance and state travel expenses required to be withheld in the court's judgment or ruling;

4. Other expenses that can be deducted from the wages of workers according to laws and regulations.

To sum up, if the employee's wages are deducted without reason, the employee can negotiate with the company to settle the problem, and can file a complaint with the local labor bureau for labor inspection and provide relevant evidence of the employer's infringement. This is because any violation of labor security laws and regulations by enterprises, institutions or other employers under the jurisdiction of the local government is within the scope of acceptance of reports and complaints. You can also go to the local labor bureau, that is, the labor dispute arbitration committee of the human resources and social security bureau, to apply for arbitration and ask for payment of wages.

If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, you can also claim the payment of economic compensation.

Legal basis]:

Article 91 of the Labor Law of the People's Republic of China.

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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

It is illegal for the boss to withhold the deposit from the employee's salary, and according to the relevant laws, it is illegal for the boss to withhold the deposit from the salary. Relevant laws and regulations stipulate that Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis.

Wages shall not be deducted or unjustifiably delayed. Article 9 of the Labor Contract Law of the People's Republic of China stipulates that when an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

Resignation is the resignation of the employee, which is the act of the employee proposing to the employer to terminate the labor contract or labor relationship. There are generally two situations of resignation, one is to immediately terminate the labor relationship in accordance with the law. If the employer compels the employee to work with violence or threats, or fails to pay wages as agreed in the contract, the employee may request the employer to terminate the labor contract at any time. Second, according to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract relationship.

The company's practice of withholding wages due to the resignation of employees is unreasonable and illegal. If the company commits such illegal acts, the employee can report it to the local labor inspection department, or directly apply to the labor arbitration commission for arbitration. If the employee wants to terminate the employment relationship with the company, according to the relevant provisions of the Labor Contract Law, the employee shall notify the employer in writing 30 days in advance of the resignation.

However, the labor contract may be terminated at any time under any of the following circumstances: the employer shall be notified three days in advance during the probationary period; The employer uses violence, threats or restrictions on personal freedom to force labor; Failure to pay labor remuneration or guarantee labor conditions as agreed in the labor contract; The employer commands or forces risky operations in violation of rules and regulations, endangering the personal safety of workers. If the situation meets one of the above four circumstances, you can terminate the labor relationship with the company at any time.

If the above circumstances are not met, the labor contract shall be terminated in writing to the employer 30 days in advance.