Do you have to deduct your salary when you take a monthly salary?

If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee wages according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Employers shall not illegally deduct the lawful wages of employees.

Interim Regulations on the Payment of Wages

Article 12 Where the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Article 15 An employer shall not deduct a worker'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;

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

Article 18 The labor administrative departments at all levels shall 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.

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.

Private companies maybe, they won't be deducted for a small vacation!

Illegal; It is unreasonable and illegal to deduct full attendance and subsidies as well as wages for taking annual leave.

According to the Regulations on Paid Leave for Employees, employees are entitled to the same salary during their annual leave as they would during their normal working period. That is, the salary, allowance (excluding night shift allowance and health care allowance) and benefit salary of employees during the annual leave period shall be paid according to normal attendance.

Employees who have any of the following circumstances are not entitled to the annual leave of the current year:

1) Employees enjoy winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave;

2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations;

3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months;

4) Employees who have worked for 10 years but less than 20 years and take sick leave for more than 3 months;

5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months;

What are the legal consequences of not paying wages on time?

The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee in full and in a timely manner. If the enterprise refuses to pay the employee's remuneration, the employee may file a lawsuit.

1. The employee can terminate the contract.

Article 38 A worker may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of the law and the regulations on repatriation and repatriation, and harm the rights and interests of the workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

According to Article 38 of the Labor Contract Law, if the employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

2. Pay compensation.

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

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

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

3) The wages of workers are paid below 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 basis: Article 12 of the Interim Provisions on Payment of Wages stipulates that if the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract.

The company does not deduct wages for voluntary holidays. If an employer suspends work or production for reasons other than those of the employee, it shall pay the employee's wages according to the standard stipulated in the labor contract within a wage payment cycle; If the period of payment exceeds one period, the wages paid to the worker shall not be lower than the local minimum wage standard if he or she provides normal labor; If normal work is not provided, living expenses should be paid.

[Legal basis].

Article 12 of the Interim Provisions on Payment of Wages stipulates that if an employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the person with only surplus labor shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Summary. No.

Employers cannot deduct wages from monthly-paid employees on holidays. If wages are not paid in a timely manner, there are two ways to claim wages:

Workers can file a complaint with the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

You can go to the local labor bureau to apply for arbitration and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract.

Do monthly employees have a holiday and deduct their wages?

Employees who cannot pay monthly salaries are on vacation, and employers cannot deduct their wages from rotten volts. If wages are not paid on time, there are two ways to request payment of wages: the worker can file a complaint with the local labor bureau labor inspection; Pros:

It's simple. Disadvantages: Enforcement may not be very strong in various places; You can go to the local labor bureau to apply for arbitration and demand payment of wages.

If you have not signed a labor contract, you can also ask for double wages for those who have not signed an employment contract.

Talking about the first six days off, the 26-day system, will the May Day holiday deduct wages?

Dear, it won't.

If the company gives you a break on Saturday, will you deduct your salary if you do not work for less than 26 days.

Hello, I have seen your question and am sorting out the answer, please wait a while

No, although the 26-day shift does not violate Article 38 of the Labor Law, which stipulates that "the employer shall ensure that the employee has at least one day off per week", working on Saturday is considered overtime, and the employee shall be paid "a wage remuneration of not less than 200% of the wage" as stipulated in the second paragraph of Article 44.

Legal analysis: It is illegal for companies to deduct wages on holidays. If the suspension of work or production is not caused by the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the agreement on the joint sale of labor and the provisions of the state.

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.

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

Article 50 Wages shall be paid in monetary form on a monthly basis to the person who has been employed in the labor department. Wages shall not be deducted or unjustifiably delayed.

Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with law.

According to the Interim Provisions on Payment of Wages:

Article 15 An employer shall not deduct a worker'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) The 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 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 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.