Can an employer withhold an employee s deposit?

Updated on society 2024-06-08
10 answers
  1. Anonymous users2024-02-11

    The Labor Contract Law clearly stipulates that if an employer violates the regulations 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 regulations by collecting 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. If the employee dissolves or terminates the labor contract in accordance with the law, and the employer seizes the employee's file or other items, it will be punished in accordance with the law.

  2. Anonymous users2024-02-10

    Hello, no unit is allowed to collect a deposit from a worker.

    Article 9 of the Labor Contract Law clearly stipulates that an employer shall not collect deposits and other money from employees in any name. It is recommended that you:

    1. Negotiate with the boss confidently and ask the boss to return the deposit;

    2. If the negotiation fails, complain to the local labor inspection department as soon as possible (in the district labor bureau). The problem will be solved soon.

    Regardless of whether you have signed an employment contract or not, whether you serve a state-owned or private enterprise, your legitimate rights and interests are protected by law.

  3. Anonymous users2024-02-09

    It is illegal for an employer to seize any property from an employee.

  4. Anonymous users2024-02-08

    In accordance with the provisions of the Labor Contract Law.

    The employer cannot withhold any money or documents from the employee.

  5. Anonymous users2024-02-07

    Summary. Legal basis: Article 9 of the Labor Contract Law of the People's Republic of China An employer recruiting a worker 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 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker 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 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. Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

    Hello dear, give the following reply based on the problem you described; Hello, according to the provisions of the Labor Contract Law, the employer shall not collect the deposit of the employee in any form. If the employer forcibly collects the deposit, the employee may apply to the Labor Dispute Arbitration Committee for arbitration, or file a lawsuit with the people's court. <>

    Hello dear, legal analysis: illegal, the employer seized the metal for illegal acts. If an employer recruits a worker, it cannot collect a deposit from the worker, let alone withhold the deposit.

    It is illegal for an employer to collect a deposit from an employee. The person who is unrestrained in labor may report it to the administrative department, and the employer shall return it and impose a fine. According to the relevant laws and regulations of the burning car, if the worker causes damage to the section, he shall be liable for compensation.

    Dear dear, hello, legal basis: Article 9 of the Labor Contract Law of the People's Republic of China 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 Where an employer violates the provisions of this Law by seizing a worker's resident identity card and other documents, the labor administrative department shall order the worker to return it within a specified period of time and impose a penalty in accordance with the relevant legal provisions.

    If an employer violates the provisions of this Law by collecting 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. Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph. <>

  6. Anonymous users2024-02-06

    Hello, I am happy to answer for you, the employer withholds the deposit, legally speaking. Legal basis: According to Article 20 of the Labor Contract Law, if an employee seriously violates the relevant guarantee obligations, the employer has the right to require the employee to pay the corresponding pension and loss compensation, and can deduct part of the salary from the employee's account or seize the deposit and other funds in advance to repay the debt, but the deposit shall be returned in a timely manner after the termination of the labor contract or the employee's resignation.

  7. Anonymous users2024-02-05

    Summary. Hello, it is not legal for the employer to withhold the deposit. According to the Labor Law of the People's Republic of China and the Labor Contract Law, an employer may not require an employee to pay a deposit or collect the employee's property in any other name, nor may it seize the employee's property.

    Hello, it is not legal for the employer to withhold the deposit. According to the Labor Law of the People's Republic of China and the Labor Contract Law, an employer may not require an employee to pay a deposit or collect property from an employee in any other name, nor shall it seize the employee's property.

    In addition, if the employer violates the law and withholds the employee's deposit, the employee can file a complaint with the labor inspection department or protect his or her legitimate rights and interests through labor arbitration and other means.

  8. Anonymous users2024-02-04

    Summary. Hello, it is not legal for the employer to withhold the deposit. According to the Labor Contract Law of the People's Republic of China, the employer shall pay wages to the employee and shall not withhold the wages in any name.

    If the employer deducts wages without the consent of the employee, it will constitute an illegal act and shall bear the corresponding legal liability. Similarly, if an employer withholds a deposit without the employee's consent, it may also be an offence.

    Hello, it is not legal for the employer to withhold the deposit. According to the provisions of the Labor Contract Jingdan Law of the People's Republic of China, the employer shall pay wages to the employee and shall not withhold the wages in any name. If the employer deducts wages without the consent of the employee, it will constitute an illegal act and should bear the corresponding legal responsibility.

    Similarly, if an employer withholds a deposit without the employee's consent, it may also constitute an offence.

    However, if the deposit is agreed in the employment contract, and the employer has negotiated with the employee and obtained the consent of the employee, then the seizure of the deposit may be legal. In addition, if the employee violates the employment contract and the employer incurs losses, the employer may have the right to deduct a certain deposit to make up for the losses, but the amount of deduction should be reasonable and cannot be arbitrarily deducted.

    I work in a courier company in Guangzhou, and the company asked me to pay a deposit of 5,000 yuan when I joined the company. But the company won't give me the deposit back, how do I deal with it?

    Hello, according to the provisions of the Labor Contract Law, the employer shall not withhold the wages of the employee in any name, including the deposit. Therefore, it is illegal for the courier company to require you to pay a deposit at the time of employment. If you leave your job now and the company does not give you the deposit back, you can take the following measures to protect your legitimate rights and interests:

    Communicate with the company and negotiate with the company; Sending a lawyer's letter; Filing a lawsuit for skin elimination.

  9. Anonymous users2024-02-03

    Legal Analysis: Employer's seizure of metal is illegal. If the employer recruits a worker, it cannot collect a deposit from the worker, let alone deduct the deposit.

    Legal basis: Labor Contract Law of the People's Republic of China Article 9 When an employer recruits a worker, it may seize the worker's resident identity card and other documents without judgment, and shall not ask the worker to provide a guarantee or collect property from the worker in any other name.

  10. Anonymous users2024-02-02

    Legal Analysis: Employer's seizure of metal is illegal. If an employer recruits a senior worker, it cannot collect a deposit from the employee, let alone seize the deposit.

    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 may not require the worker to provide a guarantee or collect property from the worker in any other name.

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