Is garnishment of wages protected by labor law?

Of course, it is illegal, and the labor law clearly stipulates that it is not allowed to withhold workers' wages in any form. Because of the high cost of rights protection, no one came forward to defend rights.

Legal Analysis: The Labor Contract Law of the People's Republic of China is formulated to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of employees, and build and develop harmonious and stable labor relations. It was amended and adopted by the 28th Session of the Standing Committee of the Tenth National People's Congress on June 29, 2007, and came into force on January 1, 2008.

On December 28, 2012, the 30th meeting of the Standing Committee of the 11th National People's Congress amended the Decision on Amending the Labor Contract Law of the People's Republic of China.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay the labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating the labor contract without paying economic compensation to the worker in accordance with these Fengqing regulations.

Legal Analysis: Provisions of the Labor Law on Wage Seizure: 1. 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. If the employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee wages for extended working hours, the employee may terminate the labor contract at any time by notifying the employer and request compensation from the employer.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the people's court of the place where the employee is in charge for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law. Potato.

1. Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

2. If the employer deducts or arrears the employee's wages without reason, or refuses to pay the employee the wages and remuneration for the extended working hours, the employee may terminate the labor contract at any time by notifying the employer and request compensation from the employer.

Legal basis] Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. It is not allowed to withhold or unreasonably realize the arrears of wages owed to workers.

According to the Labor Law and other relevant provisions, the employer shall pay wages in full and on a timely basis on a monthly basis, and it is illegal to withhold wages and stir up slag, for which the employee can file a complaint with the labor inspection brigade or initiate labor arbitration, so the employee who requests to resign is also entitled to economic compensation.

Of course, if an employee is seriously derelict in his duties or seriously violates labor discipline, the employer may impose economic penalties or administrative sanctions on the employee, but shall not punish the employee by deducting the employee's wages.

In other words, it is illegal for an employer to withhold the wages of the workers and not pay them or to directly deduct the wages of the workers without any reason. If a worker encounters such a situation, he or she can defend his rights through legal means.

1. Is it legal for the unit to collect risk collateral?

It is illegal for the unit to collect risk collateral.

First, it violates the principle of equality and consensus in the establishment of labor relations as stipulated in labor laws and regulations.

Secondly, the Notice on Strengthening the Labor Management of Foreign-Invested Enterprises and Private Enterprises and Effectively Protecting the Legitimate Rights and Interests of Employees (i.e., Document No. 118 [1994] issued by the Ministry of Labor clearly states: "Enterprises shall not collect money or goods from employees as deposits for entering the factory, nor shall they withhold or mortgage employees' resident identity cards, temporary residence permits and other documents proving their personal identity." The public security department and the labor inspection agency shall order the enterprise to immediately return the employee to the employee without authorization."

In addition, Lao Ban Fa [1994] No. 256 also pointed out in the reply to the "Request for Instructions on Whether State-owned Enterprises and Collectively Owned Enterprises Can Refer to the Relevant Provisions in Document No. 118 [1994] issued by the Ministry of Labor and the Ministry of Labor [1994]": "State-owned enterprises and enterprises under collective ownership are also not allowed to collect money or goods from employees as deposits or risk funds for entering the factory, and the labor administrative department shall order the enterprise to immediately return the deposit to the person who collects the collateral without authorization";

In addition, the reply to Lao Ban Fa [1995] No. 150 dated July 3, 1995, namely the "Request for Instructions on Whether the Employer's Practice of Requiring Employees to Pay Collateral Money or Stock Premiums Should Be Stopped", reiterates the spirit of Circular No. 118 and No. 256, and further points out that "the acts of the employer from the employee on the labor contract deposit, labor protection articles and the mortgage for the use (contracting) of production tools should also be stopped."

As for the production, operation and management behaviors of some employers, such as collecting risk collateral from employees and requiring all employees to become shareholders in accordance with the principle of voluntary participation of employees after establishing a labor relationship with their employees, according to the actual needs of the operation and management of the unit, do not fall within the scope of adjustment of the above-mentioned provisions. However, the employer cannot force the employee to pay the risk collateral and require the employee to become a shareholder on the grounds of terminating the employment relationship. Otherwise, the labor disputes arising therefrom shall be handled in accordance with the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises. ”

It is illegal for the boss to withhold the deposit from the employee's salary, and according to the relevant laws, it is illegal for the boss to withhold the deposit from the salary. Relevant laws and regulations stipulate that Article 50 of the Labor Law of the People's Republic of China stipulates that 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 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 identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

Resignation is the resignation of the employee, which is the act of the employee proposing to the employer to terminate the labor contract or labor relationship. There are generally two situations of resignation, one is to immediately terminate the labor relationship in accordance with the law. If the employer compels the employee to work with violence or threats, or fails to pay wages as agreed in the contract, the employee may request the employer to terminate the labor contract at any time. Second, according to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract relationship.

The company's practice of withholding wages due to the resignation of employees is unreasonable and illegal. If the company commits such illegal acts, the employee can report it to the local labor inspection department, or directly apply to the labor arbitration commission for arbitration. If the employee wants to terminate the employment relationship with the company, according to the relevant provisions of the Labor Contract Law, the employee shall notify the employer in writing 30 days in advance of the resignation.

However, the labor contract may be terminated at any time under any of the following circumstances: the employer shall be notified three days in advance during the probationary period; The employer uses violence, threats or restrictions on personal freedom to force labor; Failure to pay labor remuneration or guarantee labor conditions as agreed in the labor contract; The employer commands or forces risky operations in violation of rules and regulations, endangering the personal safety of workers. If the situation meets one of the above four circumstances, you can terminate the labor relationship with the company at any time.

If the above circumstances are not met, the labor contract shall be terminated in writing to the employer 30 days in advance.