Is the company s practice of deducting performance pay illegal?

Performance appraisal is a common management method used by enterprises, which is usually stipulated by the wage system in the company's personnel management system group, and the wage system is the basic management system of the enterprise. The internal management system of any enterprise must meet the following conditions to be legitimate:

1.Formulated through democratic procedures: In the process of formulation, there are employee representatives involved, and there are records of employee representatives' participation in discussions and voting.

2.Issued and clearly informed to the employees: the rules and regulations must be signed by the general manager or his authorized person, and announced to the employees, and the employees are organized to study, so as to show that the employees understand these systems, and there are records of issuance and employee learning.

3.There is clear evidence of enforcement: when punishing employees according to the system, there must be clear evidence and follow the prescribed procedures.

In order to find out whether this issue is illegal and unreasonable, it is necessary to clarify the concept of performance pay and basic salary, and it is also necessary to figure out whether the deduction is performance pay or basic (capital) salary.

Performance-based pay is not the basic (capital) salary of employees (employees).

Unit wages are generally divided into two parts, the first is called basic salary, which consists of basic work, plus attendance bonus, seniority salary, level (title) salary, diploma salary, and other subsidy wages. This salary is generally paid in full as long as the work reaches the "qualified" level.

Performance-based pay is an incentive salary in addition to the basic salary, which is the same as incentive salary, and is an additional reward given after the completion of the work. For example, after completing basic work tasks, how much performance pay can be paid to employees for each additional score point.

Public institutions in our country generally determine the payment of performance pay for the unit evaluation.

Performance appraisal punishment cannot deduct the basic salary, but should deduct the performance salary. When an employee violates the regulations in the usual appraisal, the performance salary should be deducted.

If the unit deducts the employee's basic salary in the name of performance appraisal, it is a violation of laws and regulations.

If the performance appraisal of the unit deducts the performance salary, this is nothing to say and is legal.

Afterword: The Labor Contract Law of the People's Republic of China stipulates that an employer may sign a labor contract with an employee in terms of wage payment method, wage standard, reward mechanism, etc., and the employee may be punished for violating the regulations, but no matter how the punishment is made, the salary paid to each employee shall not be lower than the minimum wage level stipulated by the local government.

Wage deduction is a violation of labor law. Provide valid evidence of labor relations and apply for labor arbitration. Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money.

Wages shall not be deducted or unjustifiably delayed. Article 18 of the Interim Provisions on Payment of Wages 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 lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

It must be illegal, because now the state stipulates that all wages are taxed, and if the company deducts performance, it must be illegal.

Such an approach is against the law. Because performance pay is not deductible. You can go to your local human resources department to report this matter.

It is not illegal. Of course, this is in the case of a reasonable deduction of performance pay, and if it is unreasonable, it is illegal.

Legal analysis: whether performance can be deducted or not, the first key is whether the performance salary is agreed in the labor contract. If the company agrees on a specific performance salary standard when signing the labor contract with the employee, then it is reasonable and legal for the company to deduct the performance salary through the performance appraisal.

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

Article 50 The slag shall be paid to the laborer himself on a monthly basis in the form of money. 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 it 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.

Legal analysis: But in fact, the deduction of performance wages by the unit is not necessarily illegal, so it depends on whether the two parties have agreed to deduct performance wages through performance appraisal in the labor contract before, if there is, it is legal, but if it is lower than the local minimum wage standard after deducting performance wages, it is illegalWhether performance can be deducted, the first key is whether the performance salary is agreed in the labor contract

If the company agrees on a specific performance salary standard when signing a labor contract with the labor contract with the Laborer of the Leather God Fighter, then it is reasonable and legal for the company to deduct the performance salary through performance appraisal.

Legal basis: Article 10 of the Labor Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. 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.

If the employer and the employee enter into a labor contract before employment, the employment relationship shall be established from the date of employment.

Legal analysis: If it is illegal, it is illegal to deduct performance wages from employees; Performance-based pay is divided into broad performance-based pay and narrow performance-based salary, and generalized performance-based pay is also known as performance-based salary, incentive salary, or salary-linked to evaluation. For performance-based pay to improve job performance, employers must be confident that they can effectively evaluate job performance if it is to work better.

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.

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) 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 company to deduct performance wages. After the establishment of the labor relationship between the employee and the employer, the employer shall not illegally or change the fines to the employee, and it is illegal for the employer to illegally deduct the employee's wages, and it is illegal for the enterprise to deduct the performance salary based on the number of fines.

Is it illegal for a company to delay the payment of wages?

It is illegal for an employer to delay the payment of wages. Employers must pay wages on time and in full. If the employer postpones wages without reason, the employee may file a complaint with the labor administrative department.

But if the company explains the reason, it can wait for a while. If it is not sent after the agreed time, you can file a complaint. According to the law, wages must be paid on the date agreed between the employer and the employee.

In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

[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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Legal Analysis: Illegal, after the establishment of labor relations between the employee and the employer, the employer shall not impose a fine on the employee illegally or in a different manner, and it is illegal for the employer to illegally deduct the employee's wages, and it is illegal for the enterprise to deduct the performance salary based on the number of fines. If the employee does not complete the work task, it is legal to appropriately deduct the performance salary; If the company arbitrarily deducts performance wages, then the employee can report to the labor bureau or arbitration commission for handling the violation of the provisions of the Labor Contract Law, and request him to protect his or her legitimate rights and interests.

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.

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 terminating the labor contract, the employee is not given economic compensation in accordance with the provisions of this law.

Legal analysis: whether performance can be deducted or not, the first key is whether the performance salary is agreed in the labor contract. If the company agrees on a specific performance salary standard when signing a labor contract with the employee, then it is reasonable and legal for the company to deduct the performance salary through performance appraisal, and if there is no agreement in the contract, then it is illegal to deduct it. If the company has agreed on performance-based wages in the employment contract, then we need to examine whether the part of the salary that excludes performance-based wages is higher than the local minimum wage standard, if it is obviously unreasonable to lower it, this situation can directly appeal to the local labor bureau, and in any case the minimum wage standard must be the lowest bottom line.

Legal basis] Interim Provisions on Payment of Wages Article 15 An employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the employee's wages: (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 worker; (3) The maintenance and maintenance fees, sedan chairs, and alimony fees that are 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.