Is it legal to make a typo and deduct performance pay when working in a state owned enterprise?

It is illegal for workers to make mistakes and deduct performance wages when working in state-owned enterprises.

If an employer owes an employee wages, the employee has three ways to request payment of wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

Article 50 of the Labor Law 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 the Payment of Wages shall be the right of labor administrative departments at all levels 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 at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

As long as the company's rules and regulations are in it, and you violate the system, it is okay to deduct money and fine, but the labor contract law also restricts the number of deductions, which cannot be higher than 20% of the employee's monthly salary

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 at a rate lower than the local minimum wage.

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Illegal, after the employee and the employer have established an employment relationship, the employer shall not illegally or change the amount of fines imposed on 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. 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.

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 at a rate lower than the local minimum wage. 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 at a rate lower than the local minimum wage.

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