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It is not legal for an enterprise to deduct an employee's salary without reason, but in the following circumstances, the company will have a reason to deduct your salary.
In the salary you receive, there is an agreement with the company, which is basic salary + post salary + other parts, when you resign, the company will only pay you the basic salary part, and the other parts will not be given to you.
Generally, the company requires employees to submit a resignation application one month in advance, if you do not do as required, but do not apply a month in advance, and leave the company in less than a month, the company will also deduct your salary for reasons for not complying with the contract.
That is, if you do not go through the resignation procedures when you leave the company, or the items are not handed over or you make a serious mistake, these companies can use this as a reason to deduct your salary.
You can measure whether there are any of these phenomena.
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Illegal! Bring your relevant files to the labor bureau and tell the people there! Don't be afraid if someone receives you!
I used to be injured at work, and I had questions about the company's reimbursement, so I went to the Labor Bureau, and the Labor Bureau directly called ** to notify the people in the factory, and sat directly at the Labor Bureau to talk! The place I am in is the Yangtze River Delta, and the Labor Bureau is okay, and I am very grateful to the ** there.
As long as it is not explicitly stipulated that you must deduct 20% of your salary if you resign under this plan, it is a violation of labor law! Not even one more point will be deducted! Go to the labor bureau and say that the factory will be fined!
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It depends on your resignation, if you apply to the company for resignation one month in advance according to the procedure, the company cannot deduct the employee's salary. But you only quit in June, and it's a bit too much to deduct more than 20% of your salary in May.
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Hello, the company's practices are clearly in violation of labor law regulations. You can go to the labor inspection brigade to complain.
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Legal analysis: For example, a salary of 5,000 yuan will be deducted from 1,000 yuan to travel quietly. 100 yuan deducted 20 yuan is called 20%, which is calculated in this way, some companies have stricter rules and regulations, and those who are eager to resign for less than a month will not even be paid.
This also depends on how much salary the employee usually gets, if it is 10,000, 2,000 will be deducted, and if it is 20,000, 4,000 will be deducted. This is the so-called 20% deduction calculation method. The monthly deduction shall not exceed 20% of the employee's monthly salary.
If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. The compensation for economic losses may be deducted from the employee's own salary, but the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
Legal basis: Article 46 of the Labor Law of the People's Republic of China The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total wage and sales volume.
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Legal analysis: It is certainly illegal for an employer to deduct wages without reason, but if the employee causes economic losses to the employer due to his own reasons, the employer may withhold the employee's wages, but not more than 20% of the monthly salary. Article 50 of the Labor Law stipulates that hail wages shall be paid to the worker in the form of money on a monthly basis.
Wages shall not be deducted or unjustifiably delayed.
Legal basis: Labor Contract Law of the People's Republic of China on Orange Chain Article 30 The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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Legal analysis: It depends on whether the reason for the deduction is reasonable and legal, if it is purely from the amount of deductions, as long as the basic salary you get after the deduction is not lower than the local minimum wage standard, it is not a violation of the labor law. If as a worker, as long as the company's rules and regulations comply with the provisions of laws and regulations, do not violate the laws and regulations of the country, and violate the company's rules and regulations in the company, the company has the right to punish the worker, but the fine shall not exceed 20 of the monthly salary, such as the company's rules and regulations stipulate that only 20 yuan can be deducted, and the company deducts your 20 wages, it is not legal.
Legal basis: According to the second paragraph of Article 84 of the Labor Contract Law of the People's Republic of China, the labor administrative department shall order the employee to return the employee within a time limit and impose a fine of 500-2,000 yuan per person. If damage is caused to the worker, he shall also be liable for compensation.
2. If the remuneration is not paid in full during the working period, the employer shall be ordered to pay additional compensation to the employee at the rate of 50-100% of the amount payable in accordance with Article 85 of the Labor and Higher Contract Law. 3. The amount deducted from the employee's salary every month shall not exceed 20% of the employee's salary for the loss caused by the employee.
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It is illegal to deduct 50% of wages from quitting fast jobs. The law clearly stipulates that if the employer suffers losses due to the reasons of the employee, the employer shall deduct the compensation for the labor loss from the salary in accordance with the labor contract, and the deduction shall not exceed 20% of the employee's monthly salary. According to Article 16 of the Interim Provisions on Payment of Wages, if an employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract.
Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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