Is it legal for the company to stipulate that one month s salary will be deducted from the employee

Updated on society 2024-07-19
36 answers
  1. Anonymous users2024-02-13

    Illegal! Although there are contract provisions, it must comply with the labor law as the premise, and when the labor contract is contrary to the labor law, the labor law shall prevail!

  2. Anonymous users2024-02-12

    Of course, it is not legal, unless the contract stipulates a project system, if it does not bring economic losses to the company, you can leave the company normally.

  3. Anonymous users2024-02-11

    If you sign an employment contract with this clause, it is legal, if there is no company, it is a serious violation of the labor law, and you must go to the labor bureau to sue the company and get compensation.

  4. Anonymous users2024-02-10

    You can apply to the local labor bureau for labor arbitration. Of course, the premise is to keep some evidence of it. If the company works overtime every day, it exceeds.

    If the level of working hours stipulated by the labor law is also illegal. And if the contract is not expired. It is not possible to voluntarily resign, which is actually a violation of the labor law.

  5. Anonymous users2024-02-09

    Legal, black and white. If you feel dissatisfied, you can not do it, the rules are the rules, and the rules of each house are different!

  6. Anonymous users2024-02-08

    It is obviously unreasonable, and the employer cannot deduct the employee's wages for any reason, and can go to labor arbitration.

  7. Anonymous users2024-02-07

    In this case, if it is not stipulated in the terms of the contract, the contract is not expired or the project is not completed, if the company does not agree to resign, and the employee leaves voluntarily and brings losses to the company, and deducts one month's salary, this practice should not be illegal if there is no clear provision in the law.

  8. Anonymous users2024-02-06

    The company stipulates that it should be legal for employees to deduct a certain amount of money if they leave without following the contract or without completing a project.

  9. Anonymous users2024-02-05

    If it is a worker, the company should pay the wages when he leaves, but if it is a summer job and the child has not yet graduated, in this case, it is not all labor relations, and you can not mention that it is a summer job, and wait for the evidence of wage arrears to file a complaint with the labor inspection brigade, and if you do not accept it, you can only go to the court to file a lawsuit.

  10. Anonymous users2024-02-04

    As long as you go to work normally, the money will definitely be returned, and if you don't give it, the labor bureau will arbitrate or call the police.

  11. Anonymous users2024-02-03

    Hello is not legal, you are not with the labor law you go again if you still don't give, you can complain to him.

  12. Anonymous users2024-02-02

    This depends on how your labor contract is signed, and if it involves training costs, you can deduct some money!

  13. Anonymous users2024-02-01

    Suspected of violating the law. As long as the resignation procedures are legal, there is no fear.

  14. Anonymous users2024-01-31

    If there is a contract, if so, go to arbitration and file a case, apply one month in advance, and the employer should pay all the wages of the employee on time, unless there is an agreement in the contract, the employee should pay compensation for early termination.

  15. Anonymous users2024-01-30

    Because he just said that when she came to the new employee, she would definitely tell him, and she would tell him in advance. Well, this is all normal, because he told you that you want to, right? Well. Therefore, you should be optimistic about everything you do, that is, you should tell your boss that you are good.

  16. Anonymous users2024-01-29

    The law is subject to the provisions of the contract!

  17. Anonymous users2024-01-28

    The employee signs a contract with the company for one year, and the employee who resigns before the expiration date will not be deducted from his salary. Resignation is the right of the employee, as long as the regulations are met, the probationary employee must apply for resignation 3 days in advance, and after the probationary period, the employee will not deduct his salary if he applies for resignation 30 days in advance.

    Legal analysisIt is legal for an employee to resign according to the regulations, and the approval of the employer is not required. However, the employee should keep the evidence of the resignation according to the regulations. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

    The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period. If an employee resigns, he or she shall notify the employer in writing one month in advance, and after the resignation expires, the employer shall settle the employee's wages and go through the resignation procedures for him/her. There are three situations in which an individual proposes to resign:

    1. If the employer violates the relevant laws and regulations, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures. 2. According to the regulations, the written resignation submitted by the employee 30 days in advance can leave without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures. 3. If the employee does not submit his resignation 30 days in advance, and the employer does not violate the relevant laws, the employee directly submits the resignation letter and leaves, at this time, the employee violates the law, and the employer can require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting employees.

    Legal basisLabor Contract Law of the People's Republic of China

    Article 37 A worker may terminate a 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 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

  18. Anonymous users2024-01-27

    No, employees only need to tell the employer one month in advance, and then continue to work for 30 days to settle the salary and leave, which is stipulated by the labor law, if you leave casually, the employer can be treated as absenteeism and deduct all or part of your salary.

  19. Anonymous users2024-01-26

    Of course, the breach of contract will be in accordance with the provisions of the contract. Penalties are given to you for violating the rules. But in general, large companies don't fight with others.

    It's just that it may have a bad impact on you in the human world. In fact. You can clearly state with the company what problems you have.

    It's hard to solve. I don't want to cause trouble for the company either. This gives you the best of both worlds, and the company doesn't hold you accountable when you leave the company.

    The company doesn't lose anything, and you don't lose anything yourself. Wouldn't it be better that way?

    Normative resignation.

  20. Anonymous users2024-01-25

    If an employee voluntarily resigns during the labor contract period, he or she must notify the employer one month in advance, and the company will not deduct the employee's salary if it does not cause losses to the company.

  21. Anonymous users2024-01-24

    The employee signs a contract with the company for one year, resigns before the expiration date, and will not deduct the salary, and the salary should be paid until the date of his formal resignation.

  22. Anonymous users2024-01-23

    If the company signs a fixed-term labor contract with the employee for a fixed period of 1 year, then there is no need to pay liquidated damages if the employee resigns without expiration, and does not sign a non-compete agreement or does not participate in the special training organized by the company.

    In other cases, if the company still requires the employee to pay liquidated damages, it can be reported to the Employment Bureau for resolution.

  23. Anonymous users2024-01-22

    If you resign voluntarily, not only will your salary not be deducted, but if you are dismissed, the company will also compensate the employee for one month's salary!

  24. Anonymous users2024-01-21

    According to the labor law contract, the party who violates the contract shall pay liquidated damages, and if the contract period is not expired, the salary will be paid normally, but the liquidated damages shall be deducted.

  25. Anonymous users2024-01-20

    If the employee signs a contract with the company, and the resignation of the employee before the expiration date will not be deducted from the salary, as long as the resignation form is submitted normally and a reasonable reason for resignation is proposed, I think the company will agree.

  26. Anonymous users2024-01-19

    Although the employment contract has not expired, the employee's resignation is agreed by the employer. If the employer chooses to deduct wages, it is choosing to violate the law, and the employee can file a complaint with the labor inspection to protect his rights, or he can file a labor arbitration to protect his rights.

  27. Anonymous users2024-01-18

    The contract period is one year, and as long as the written resignation application is submitted one month in advance in accordance with the regular procedures, the salary will not be deducted.

  28. Anonymous users2024-01-17

    Generally, companies will deduct wages, and some companies will ask employees to report their resignation one month in advance, so that they will not deduct wages.

  29. Anonymous users2024-01-16

    No, it is the employee's right to resign, as long as the regulations are met, the probationary employee applies for resignation 3 days in advance, and the probationary employee applies for resignation 30 days in advance.

  30. Anonymous users2024-01-15

    No. According to Chapter 4 of the Labor Contract Law, it is sufficient to terminate the employment relationship with the employer.

    The employer shall pay the labor remuneration in accordance with the law for the results of the labor that has been completed.

  31. Anonymous users2024-01-14

    Employees are required to submit a resignation application one month in advance, and they can leave when the time is up, and the unit will not deduct wages.

  32. Anonymous users2024-01-13

    How many days of work you do, how many days you pay money, you can't miss a penny, it doesn't matter if the contract expires or not.

  33. Anonymous users2024-01-12

    What does it mean, it is your business to resign yourself, and the salary will be calculated according to your labor.

  34. Anonymous users2024-01-11

    Legal analysis: It is illegal to resign without signing any labor contract and deduct half a month's salary. It is illegal for the company to fail to sign a labor contract with the employee, in which case, the employee can terminate the labor relationship at any time without bearing the liability for breach of contract and compensation.

    The worker may apply for arbitration. If a labor dispute arises between an employer and an employee, the labor arbitration commission shall accept the case as long as there is a de facto labor relationship, regardless of whether the labor contract is signed or not.

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

    Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of the employment of the labor union. If the employer and the employee enter into a labor contract before employment, the labor relationship shall be established from the date of employment.

    Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker 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.

    Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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 a labor contract without paying economic compensation to the worker in accordance with these Regulations.

  35. Anonymous users2024-01-10

    Legal Analysis: It is illegal for an employee to legally terminate a labor contract and the employer to deduct labor remuneration. If the employer tells Sun to be in arrears of wages and remuneration, it can file a complaint with the labor administrative department, and if the employer still fails to pay after being ordered to pay by the labor administrative department, the employer also needs to pay additional compensation to the employee of Henghaolian.

    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 dissolving or terminating the labor contract.

  36. Anonymous users2024-01-09

    Legal analysis: 1. Workers can file complaints with the local labor 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 local labor bureau (labor dispute arbitration committee of the human resources and social security bureau) and demand the 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; Cons:

    Applying for labor arbitration is a labor lawsuit, which has a slightly more procedure and requires professional guidance.

    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.

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