If the agreement does not stipulate a probationary period, can the company deduct 2 layers of wages

If the agreement does not stipulate a probationary period, the company has no basis for deducting 20% of the salary. If the agreement is not relevant, is there a verbal agreement? If there is no relevant content, you can file an arbitration with the labor arbitration commission and ask the company to refund the deducted 20% of wages.

FYI.

This compensation is calculated according to the number of years of service, and one month's salary is compensated every year, and your situation can only be resolved through mutual negotiation.

If the agreement does not stipulate a probationary period, can the company deduct 20% of the salary from the dismissal? If you don't agree on a probationary period, the company can deal with the problem casually, and it is normal that there should be an agreement.

The state stipulates that the probationary period cannot exceed 6 months. If there is no agreement, it is stipulated from the state.

Hello, if there is no such appointment, he generally has no right to do so.

The agreement does not stipulate a probationary period, and the company can deduct two layers of wages for the dismissal, but the agreement does not stipulate that the dismissal can deduct two layers of wages? It is impossible to deduct the salary twice, and if you are dismissed, you will pay the full salary of the person, and you will dismiss him, so you can do it.

If the agreement does not stipulate a probationary period, can the company deduct 20% of the salary from the dismissal? If the company dismisses the person, there is no deduction of wages, and he has to compensate the salary.

The agreement does not stipulate a probationary period, and the company should not deduct the salary if the employee is dismissed, and the situation can be resolved by complaint.

The agreement does not stipulate the probation date, and the company cannot deduct two layers of wages for dismissal. There is a provision for this in the labor law. You can't leave as a worker.

The agreement does not stipulate a probationary period, and the company should not deduct wages if the employee is dismissed.

There is no probationary period in the agreement, and the company cannot deduct twice the salary of the dismissed person. There is no such provision.

If the agreement does not stipulate that it applies, the dismissal person of the company cannot detain the two-tier company. There is no such provision.

The agreement does not stipulate a probationary period, can a staff member be deducted from two days' wages? This one will definitely do.

If a person is dismissed during the probationary period, the employer must also pay the salary, and it is illegal to fail to pay the salary. According to Article 9 of the Interim Provisions on Payment of Wages, when a labor relationship is terminated or terminated in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Dismissal after a 3-day probation, regardless of whether a contract has been signed or not, there is a de facto labor relationship, labor has been paid, and value has been generated, and wages should be paid in accordance with the law. Dismissal means that it is the company's initiative to pay wages. Generally, if a regular company dismisses an employee, even if it is only 3 days, the salary will be settled.

But in reality, there are those who do not pay wages, and it is recommended to do it like this:

1. If it is agreed in advance that there is no salary for 5 days, the two parties agree to reach an agreement. (Employees can not go to work if they do not agree), and generally the oral agreement is not written into the contract. In this way, there is generally no controversy, and individual cases are not excluded, one percent.

2. If there is an employee handbook, be sure to let him know that there is this article. In fact, it is recommended that this should not be written into the manual, because it is unreasonable. If possible, it's best to change that manual.

Under normal circumstances, resignation during the probationary period should be notified to the personnel department of the employer three days in advance, and the salary should be settled in person on the day of resignation; It can also be repaid to you on the company's regular payday.

If you are dismissed after a three-day probationary period, you can also ask the employer to pay economic compensation. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Ask what to do about that.

Present the situation to the Labor Bureau and report to the employer.

Because the question was a probationary period, nothing was signed, and there was no written document for dismissal.

Answer: The probationary period refers to the period during which the employer assesses whether the employee is qualified and the employee also assesses whether the employer meets his or her own requirements during the term of the employment contract, which is a two-way choice between the two parties.

Then you need to provide evidence of dismissal, otherwise the complaint will not be effective.

Question: Is it okay to record it?

He has said that if three days is not suitable, he will not give the probationary period of new capital.

This kind of agreement of the other party is illegal, and what is said has no legal effect.

It's okay to use this recording to complain if you ask a question.

When the time comes, you just have to make the facts clear.

It is illegal to be dismissed after a three-day probationary period, and the company does not pay wages. If the employee is dismissed by the employer during the probationary period, the employer shall also pay the corresponding wages and remuneration in accordance with the agreement and in combination with the actual working hours of the employee. If the employer does not pay the employee the salary during the probation period, it is an illegal act.

Workers can file complaints and defend their rights with the labor inspection brigade where the employer is located.

Legal analysis

The Labor Contract Law stipulates that the salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. This is the legal minimum standard for the employee's salary during the probationary period. If the probationary period is dismissed, the company also has to pay the salary, and it is illegal not to pay it, but the company does not need to pay compensation.

The company shall pay wages to employees in the form of money on a monthly basis, and shall not deduct or delay employees' wages without reason. During the probationary period, the company can dismiss the employee, but the reason must be justified and convincing, and the employee cannot be dismissed casually, and if the reason is not sufficient, the employee can go to the labor arbitration center to apply for arbitration. It is unreasonable for a company to judge whether to pay wages based on the value of the employee's contribution.

Employees are not piece-rate wage systems with no basic salary, but have no responsibility for the basic salary plus other salary components, that is, regardless of whether there is contribution value, according to the basic salary divided by the number of days of attendance and then multiplied by the actual number of days of attendance, this is the salary that the employee should receive.

Legal basis

Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Labor Contract Law of the People's Republic of China Article 20 The salary of a worker during the probationary period shall not be lower than 80% of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Of course, it is not legal or reasonable, if you only use someone for three days and ask someone to leave, you should settle the settlement salary to others. It's not about exploiting other people's labor.

Legal analysis: If you are dismissed within three days of the probationary period without a contract, wages refer to the remuneration paid by the employer or statutory employer to the employee in the form of money in accordance with the law, or industry regulations, or according to the agreement with the employee.

Labor remuneration is paid according to work, and it is illegal not to pay it; You can consult a complaint with a local arbitration institution and apply for labor arbitration. In addition to applying for labor arbitration, you can also file a complaint with the local labor inspection brigade.

Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.

Legal Analysis: If the employee establishes an employment relationship with the employer from the date of employment, the employer shall pay wages. As long as you have already gone to work in the supermarket, then you have established an employment relationship with the supermarket since your first day of work, and the supermarket should pay you no matter what the reason for leaving.

In addition, even during the probationary period, your salary should be determined at no less than 80% of the salary of the same position, and not less than the local minimum wage.

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Summary. According to the regulations, the employment contract shall be signed from the date of employment, including the probationary period. If the contract is not signed, the worker can be compensated.

According to the regulations, the employment contract shall be signed from the date of employment, including the probationary period. If the contract is not signed, the worker can be compensated.

Article 82 of the Labor Contract Law; Legal Liability for Quietly Failing to Conclude a Written Labor Contract: If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by not concluding an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

Legal analysisThe probationary period is generally a certain period of probation set by the employer and the employee after the first establishment of an employment relationship, in order to increase mutual understanding and decide whether to finally choose the other party. The probationary period is an integral part of the duration of the employment contract and is included in the employment contract period. The length of the probationary period depends on the length of the contract period.

If the employee resigns without signing a contract during the probationary period, he may also be required to pay economic compensation and double the salary for not signing the labor contract: the economic compensation shall be paid to the employee one month's salary for each full year according to the number of years the employee has worked in the employer, and if the employee voluntarily resigns, it is an illegal termination of the labor contract, and the employer shall be compensated for the losses caused thereby. However, the employer bears the burden of proof of the loss.

Many companies believe that during the probationary period, they can dismiss employees at any time. In fact, this perception is wrong and a misunderstanding of the probationary period. During the probationary period, it is proved that they do not meet the employment requirements.

Therefore, if the employer dismisses an employee during the probationary period, it is necessary to prove that the employee does not meet the employment conditions, which requires the employer to first clarify to the employee what the employment conditions are when recruiting employees, and then clearly indicate the assessment basis and assessment methods, and implement specific assessment behaviors.

Legal basisLabor Law of the People's Republic of China Article 46 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 amount of wages.