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The Labor Law clearly stipulates that the employer shall not detain the employee's ID card and other documents in any form, and shall be liable for any losses caused. Arbitrate.
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You can go to the labor bureau for help! It's really not okay to let 110 coordinate together!
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It can be reported to the local labour inspection brigade.
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Article 9 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall not seize the worker's resident ID card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in other names.
Article 84 of the Labor Contract Law stipulates that if an employer violates the provisions of this Law by seizing the employee's resident identity card and other documents, the labor administrative department shall order the employee to return the employee within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.
If an employer violates the provisions of this Law by collecting property from a worker in the form of a guarantee or in other names, the labor administrative department shall order the employee 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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Legal Analysis: Illegal, the company has no right to seize the employee's original ID card. In the course of performing their duties or providing services, the staff of state organs or relevant units shall verify the consistency of the person and certificate of the resident identity card on the spot, and must not record the personal information of citizens recorded in the resident identity card without authorization, must not copy or scan the resident identity card without authorization, and must not withhold or mortgage the citizen's resident identity card.
Legal basis: "Labor and Travel Contract Law of the People's Republic of China" Article 9 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.
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Legal Analysis: Illegal, the company has no right to seize the employee's original ID card. In the course of performing their duties or providing services, the staff of state organs or relevant units shall verify the consistency of the person and the certificate of the resident identity card on the spot, and must not record the personal information of citizens recorded in the resident identity file without authorization, must not make copies or scan the resident identity card without authorization, and must not detain or mortgage the citizen's resident identity card.
Legal basis: Labor Contract Law of the People's Republic of China Article 9 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.
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