Is there a 20 deduction in the Labor Contract Law for less than one year?

Do you have to deduct 20% of your salary for one month?

There is no such provision in the Employment Contract Law.

The so-called deduction of wages not exceeding 20% is not stipulated in the Labor Contract Law, but is stipulated in Article 16 of the Interim Provisions on Wage Payment of the Ministry of Labor, which means that if the employee causes losses to the employer due to his own fault, the employer may require the employee to compensate for part of the losses in accordance with the provisions of the labor contract and the rules and regulations formulated in accordance with the law. However, the amount deducted from wages for losses shall not exceed 20% of the wages payable in that month, and the remaining wages after deduction shall not be lower than the local minimum wage standard. If the mouth is not exhausted in the current month, the deduction can continue in the next month until the settlement is completed.

Interim Provisions on Payment of Wages issued by the Ministry of Labor

Lao Bu Fa (1994) No. 489.

Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss 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.

Illegal. According to Article 91 of the Labor Law.

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 workers wages 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.

Illegal and boring. According to Article 91 of the Labor Law.

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 lower than the local minimum wage standard;

4) After the termination of the labor contract, if the employee is not given economic compensation in accordance with the provisions of this Law, you may go to the Labor and Social Security Bureau for labor arbitration.

If it is not legal, the deduction shall not exceed 20% of the monthly salary.

It seems that there is no provision for the temporary withholding of wages, and will the deduction be paid to you?

It is illegal for the employer to do so, and you can report it to the local labor inspection department and ask it to investigate and punish the unit in accordance with the law.

By law, the probationary period is written three days in advance.

Form to submit an application for resignation, after the probationary period.

Submit your resignation in writing one month in advance.

Yes. The employer can also resign if it does not approve it.

The employer also does not have the right to deduct the employee's previous salary.

The employer has more than one from the date of employment.

months less than a year (up to 11 months) not with.

If a worker concludes a written labor contract, he shall:

Workers are paid twice their monthly wages.

If the employer violates the labor contract, it can call the Labor Bureau **12333 to report.

or apply for labor arbitration to claim compensation.

Labor Contract Law

Article 37 A worker shall terminate a labor contract by giving advance notice.

The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 82 Legal liability for failure to conclude a written labor contract.

If the employer fails to conclude a written labor contract with the 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 failing to conclude 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 have been concluded.

Unless you have a term of service agreement with your organization (which is usually not available).

Liquidated damages may be agreed upon.

Otherwise, it is unreasonable and even more illegal.