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Conclusion: Hello! Your current status should be a renter, which is equivalent to the landlord asking you to pay liquidated damages, and the institute will inevitably require you to pay a certain amount of money in order to prevent you from violating the agreement and causing property damage to his dormitory, so it is not illegal to do so.
Legal reference: Article 114 of the Contract Law The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method of the compensation for losses arising from the breach of contract.
If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.
If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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It is not a violation. Since you agree to live in the dormitory, of course, you have to agree with the unit that provides accommodation to the general terms, since the unit requires you to provide a deposit within a reasonable range, and you also agree to live in the dormitory, it is not considered a violation of the law, you can choose not to live in the dormitory. This deposit clause does not violate laws and regulations.
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No, it's also to prevent the host and guest from escaping and not paying for other expenses.
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It is legal for the company to charge employee dormitory fees. Except for the labor contract that expressly stipulates that the company provides dormitories for employees free of charge, it is illegal to collect fees at this time, and it is legal to charge normal fees in other cases. Especially for developed areas, where land resources are scarce, but local wages and benefits are high, and there is no problem in paying rental fees, then dormitory fees can be levied to reduce the burden on enterprises.
Legitimate. An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. There is no such legal provision; The employer is not obliged to provide free dormitories and utilities to employees.
What is illegal? It is illegal for the company to deduct money from the salary on the grounds that the dormitory is dirty and messy, and the employer may include the dirty dormitory in the performance appraisal, deduct the corresponding performance salary, and shall not deduct the basic salary of the employee, etc., and if a labor dispute arises between the employee and the employer due to the payment of wages, the party concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
It is reasonable for the company to charge a deposit for accommodation, because there are many items in your accommodation that can be damaged, and the deposit is collected for compensation after damage, of course, if there is no damage, the deposit will be returned to you at that time.
To sum up: the company's dormitory fees are legal, and this issue needs to be comprehensively judged in combination with the property area, property rent and room volume in the area where the investor is located. The company shall collect dormitory fees in strict accordance with the relevant laws and regulations of the state.
Legal basisLabor Law of the People's Republic of China
Article 16 A labor contract is a cooperative discussion between the worker and the employer to establish the labor relationship and clarify the rights and obligations of both parties.
A labor contract shall be concluded for the establishment of labor relations.
Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.
The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.
Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the worker in writing 30 days in advance:
1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the contract was based at the time of conclusion, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.
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Summary. If the company arranges a dormitory for you to live in, then it is reasonable to charge a deposit.
If the company arranges a dormitory for you to live in, then it is reasonable to charge a deposit.
He said that he had a basic salary of 3,000 without responsibility, and we also made a recording, but it was not written in the contract, only 3,000 salary, and a certain amount of tasks had to be completed. He said that the deposit will be refunded after a month, but we are envious of the fact that we want to leave in about half a month, and he said that the salary will go back and discuss with the boss of the company, but there are so many brothers and can bury the brigade.
Is it okay if he doesn't pay a hundred per day according to the basic salary?
The company has purchased an insurance for everyone, and if the insurance is refunded, we should pay it back to the company or not.
Why not go back?
Payroll is based on your contract and the number of days worked.
In the event of an accident, the corresponding insurance proceeds are paid to the beneficiary.
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It is illegal for enterprises to collect entry deposits when they are in difficulty. According to the relevant laws and regulations of the state, an employer shall not seize the ID card or financial affairs of a person who recruits labor meditation, otherwise the labor administrative department will order the employee to return the employee within a time limit and impose a fine.
Article 9 of the Labor Contract Law of the People's Republic of China An employer shall not require the worker to provide a guarantee or collect property from the worker in any other name. If an employer collects property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.
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