Is it legal to deduct my salary when I go out to apply for a job after work?

First of all, if you have no contract or insurance for half a year, you can sue him, and you can now file a claim for compensation for his violation of the labor contract law. If you don't sign a labor contract, you should be paid twice your salary every month from the date of employment, and you should make up for all if you don't have insurance. However, the Labor Contract Law only came into effect on January 1 this year, and the compensation period can only be calculated from January 1.

The point is that you now need to prepare evidence that he actually hired you, such as monthly pay slips, testimonies from other colleagues.

Labor Contract Law

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship 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.

Article 81 Where the text of the labor contract provided by the employer does not specify the necessary terms of the labor contract as stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 97 Labor contracts that have been concluded in accordance with law before the effective date of this Law and that exist on the effective date of this Law shall continue to be performed; Paragraph 2, Paragraph 3 of Article 14 of this Law stipulates that the number of consecutive fixed-term labor contracts shall be counted from the time when the fixed-term labor contracts are renewed after the implementation of this Law.

Where a labor relationship has been established before the implementation of this Law and a written labor contract has not yet been concluded, it shall be concluded within one month from the effective date of this Law.

Where a labor contract existing on the effective date of this Law is dissolved or terminated after the effective date of this Law, and economic compensation shall be paid in accordance with the provisions of Article 46 of this Law, the period of economic compensation shall be calculated from the effective date of this Law; Before the implementation of this Law, if an employer is required to pay economic compensation to a worker in accordance with the relevant provisions at that time, it shall be implemented in accordance with the relevant provisions at that time.

You can go to the labor bureau to sue him, which is a serious violation. Bring your ID.

If you apply outside of work, your boss has no reason to deduct your salary. You can negotiate with him, and if not, you can go to the labor bureau to sue him, or apply for labor promotion. Because your boss himself has violated the labor contract law.

Legal Analysis: It mainly depends on how your salary is structured. If it is a basic salary + post salary + subsidized salary. In this way, it can be deducted, so that the salary of the post is like an assessment of your work, and if you do not complete it well, you will be deducted.

Legal basis: 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) Various social insurance premiums withheld and paid by the employer that should be borne by the employee, (3) Maintenance and alimony required to be withheld in court judgments and rulings, and (4) Other expenses that can be deducted from the employee's salary as stipulated by laws and regulations.

Article 16 Where the employer suffers economic losses 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. The compensation for the loss of the economy can be deducted from the employee's own 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.

As long as the employee provides normal labor and there is no laziness and other bad behaviors in the work, regardless of whether the employee has completed the labor quota or not, and no matter how the employer and the employee agree, the company cannot fine the employee and should pay the salary in full.

Article 41 of the Labor Law stipulates that an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day, due to the needs of the production and operation of the employer; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed. Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law. Article 50 of the Law on the Movement of Labor Workers stipulates that wages shall be paid to the worker himself on a monthly basis in the form of goods and land currency.

Wages shall not be deducted or unjustifiably delayed.

Legal analysis: It is generally not illegal to conduct appropriate assessment of employees within the scope of the labor contract, but the relevant laws of China also have relevant legal explanations on the range of deduction of employees' wages: the state implements a minimum wage guarantee system.

The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. 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 losses in accordance with the provisions of the labor contract.

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

Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

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

Article 91 Where 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) the employee is deducted or in arrears of 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.

Interim Provisions on Payment of Wages Article 16 Where an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee 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 deducting the afterburn is lower than the local monthly minimum wage standard, it will be paid according to the minimum wage standard.