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You are taking a dead wage, and now because of the small amount of goods in the factory, the factory wants to deduct your wages, which is unreasonable. However, if the economic efficiency of the factory is really not good, it is reasonable to communicate with the employees to reduce some wages or postpone part of the company.
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There is nothing reasonable and unreasonable, and it is normal for the factory to give you less wages if the efficiency of the factory is not good. Besides, it is impossible for the boss not to make money, and to give all the money earned to the workers. So you must be mentally prepared for this, good benefits will definitely give you more money, bad benefits will definitely give you less money, this is too normal.
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It should be reasonable. Because the payment of wages is supported by the economic benefits of the factory, there is no benefit, and there is naturally no money to pay wages.
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Since you are paid monthly, it is not reasonable to deduct your salary. It also depends on how your employment contract is written. For example, how many hours are exceeded, and how much is the additional charge? There is a shortage of goods, is there a deduction?
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If the salary is fixed, the employee's salary cannot be deducted for other reasons, and the company can cancel some incentives, but the employee's salary cannot be reduced due to no sales, you can look at how it is written in the labor contract.
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1. As mentioned in the title, a definite judgment can generally be made in combination with the specific terms and conditions of the labor contract signed between the questioner and the employer.
2. Under normal circumstances, the labor contract signed between the employer and the employee shall stipulate the employment method, labor remuneration and relevant breach of contract clauses.
3. In actual work, if the employer reduces the labor remuneration due to business needs, it shall explain the reasons to the employee (if it is lower than the amount agreed in the contract, the consent of the employee must be obtained), and the salary shall not be lower than the local minimum wage standard.
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Carefully review the employment contract.
Suspected of violating the Labor Contract Law.
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Unreasonable, the labor law clearly stipulates that "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. However, the employer may also deduct the employee's wages under certain circumstances.
1. The employer shall not deduct the wages of the employee. Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer;
2) The social insurance premiums withheld and paid by the employer and shall be borne by the employee;
3) Child support and alimony required to be withheld in court judgments and rulings;
4) Other expenses that can be deducted from the wages of workers according to laws and regulations.
2. 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. 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.
Is it legal to have wages withheld in these cases?
Legal basis] The employer cannot impose a fine on the employee, but the employer can reward and punish the lazy through legal means such as rules and regulations, which is also a necessary means of human resource management. However, employers should be cautious in using this reward and punishment system, and pay attention to:
First, the rules and regulations should be legal in content and procedures, for example, when an employer formulates rules and regulations involving the vital interests of employees, it must be discussed by employees and publicized or informed to employees;
Second, the content should be reasonable, and the obvious lack of rationality of the reward and punishment system will also affect its legitimacy;
Third, it must not violate other laws and regulations, such as the relevant provisions of the minimum wage, and must not discriminate.
At the same time, when employees are punished by the company's "donations" and other illegal punishments, they should stand up bravely and actively protect their own rights and interests. According to the Labor Contract Law, if the rules and regulations of an employer violate the provisions of laws and regulations and damage the rights and interests of employees, it shall be liable for compensation.
In addition, the employee has the right to terminate the employment contract and demand severance from the employer. In the face of penalties without legal basis, employees can apply for labor arbitration in accordance with the law to protect their legitimate rights and interests.
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Summary. Hello, we are happy to answer for you, it must be unreasonable, get a monthly salary, because of the reasons in the factory, the workload is less and the order is less, this is the factory's business has nothing to do with you.
I get a monthly salary, because the quantity of goods in the factory is small, the factory will deduct my salary, is it reasonable?
Hello, we are happy to answer for you, it must be unreasonable, according to the filial piety model to get the salary every month, because of the reasons in the factory, the workload is less, the order is less, this is the factory's business and you have no relationship with the Qiaoji.
For example, if you are 5,000 a month, and the company doesn't say that you will pay you more when you are busy, then there is no reason to reduce your salary if you are not busy, right?
What can you do if you don't have a hand is the company that says it's okay to take the cherry blossoms, so what should you do or what you have to do, after all, everyone has to support their families and need to survive, Zhicong hopes that I can help you, I wish you a happy life.
The factory is now deducting money on holidays.
Is that reasonable?
If it is a holiday, it must be a corresponding reduction in wages, which must be reasonable.
I'll make an analogy with the spring book, Bi Sui Hongfang said that the company worked eight hours a day because of the number of orders, but in fact it only did three hours, and the company wanted to reduce your salary, which is unreasonable.
Yes, there are no orders for holidays.
But if because of the small number of orders, and then directly give you a holiday and have nothing to do, then it is reasonable to reduce some wages in response to Lu Yu, because after all, there is indeed no cover training to do, and it is true that there is no work to do.
In the previous three years, we were busy working overtime, and we didn't have overtime pay.
Yes, the crux of the problem is here, because you are busy working overtime, the company does not give you overtime pay, or cover smiles, so now because of business reasons, the company has no orders, nothing to do, as an employee is unwilling to compromise and bored, which is also normal.
Our monthly salary is 26 days, and now the factory only allows us to go to work for 22 days, and deducts 4 days if we don't go to work.
The main reason is that the previous boss's approach was too picky, so now you are not willing to compromise on this matter.
It is. The advice given here is that the monthly salary is 26 days, because of the factory order, you can only work for 22 days, then the remaining four days, even if there is nothing to do, you also go to the Xiangyao big factory to sit on duty and sit there to sweep the floor and wipe the table.
Then there is no reason to lock your wages for these four days.
Another point is that the employees must be united and harmonious, and don't make trouble with the workers to dismantle the factory, just deal with it well, and don't quarrel with the boss, the boss has a reason to fire you when the bureau is provincial.
According to this method, when you have something to do, you also do it, when you have nothing to do, you go to work with you, and you also happen to mess up, and don't be idle and filial piety at home, just go to the factory to do things, and the number of days you should be in attendance and stay with you is full.
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Legal analysis: The company's underpayment of wages can be complained to the local labor administrative department, and after investigation, the labor administrative department confirms that the company has underpaid wages, and will order the company to pay wages to employees within the specified time, and pay compensation to employees according to 50% and less than one time of the wages payable.
Legal basis: Article 26 of the Regulations on the Supervision of Labor and Social Security If an employer commits any of the following acts, the administrative department of labor and social security shall order the employee to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the minimum wage standard of the current and cherry land, or the economic compensation for the termination of the labor contract; If the payment is not made within the time limit, it shall be ordered to pay additional compensation to the worker according to the standard of 50 to 1 times of the amount payable: (1) deducting or arrears of wages and remuneration of the worker without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
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Legal Analysis: It is illegal for an employer to deduct wages without justifiable reasons. If an employee establishes a labor relationship with an employer, the employer shall not illegally impose a fine on the employee, and the employer shall illegally deduct the employee's wages as an illegal act.
Legal basis: Article 30 of the Law of the People's Republic of China on Labor Orange Chain Contract Article 30 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 local people's court for payment of the hail call 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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Summary. Legal analysis: If an employee is deducted from his or her wages without reason, he or she may report a complaint to the labor inspection department or apply to the labor arbitration commission for labor arbitration.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
3.In the event of a wage dispute, the employee can file a complaint with the labor administrative department with evidence. 4.
At the same time, the employer shall, in accordance with the provisions of the labor contract and state regulations, 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 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.
Hello, I have seen your question and am sorting out the answer, please wait for a while Legal analysis: If an employee is deducted from his wages by the employer without reason, he or she can report and complain to the labor inspection department, or apply to the labor arbitration commission for labor arbitration. Legal basis:
Labor Law of the People's Republic of China Article 50 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. 3.
In the event of a wage dispute, the employee can file a complaint with the labor administrative department with evidence. 4.At the same time, Qi Feng, 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 national regulations.
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 of the People's Court shall issue a payment order in accordance with the law.
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Summary. If the company deducts your salary because of your resignation, it must be a violation of the "Labor Contract Law", you can claim compensation, but whether you can ask for economic compensation depends on the reason for your resignation, which is summarized below based on my ten years of experience in handling labor injuries:
1. If an employee resigns in accordance with the provisions of Article 38 of the Labor Contract Law, he or she may request the employer to pay economic compensation.
According to Article 38 of the Labor Contract Law, if the employer pays the labor remuneration in full and in a timely manner, the employee may terminate the labor contract, and according to Article 46, the employee shall pay economic compensation to the employee if the labor contract is terminated in accordance with Article 38. From the above provisions, it can be seen that if you resign for the reason of deducting wages or in accordance with Article 38, you can claim financial compensation, and if you resign for your own reasons and your wages are deducted after resignation, you cannot claim financial compensation on this ground.
2. The employer shall compensate 50% and 100% of the amount of arrears of wages for the wages owed to the workers.
According to Article 85 of the Labor Contract Law, if an employer fails to pay its employees' wages in full and in a timely manner, the labor administrative department shall order it to pay the wages within a specified period of time, and if it fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable. If you apply for labor arbitration, you can directly claim compensation.
What should I do if I have a lot of deductions from my salary in the factory?
Hello, I have seen your question and am sorting out the answer, please wait a while
If the company deducts your salary because of your resignation, it must be a violation of the "Labor Contract Law", you can claim compensation, but whether you can ask for economic compensation depends on the reason for your resignation, the following is summarized according to my ten years of experience in handling labor injuries: 1. If the employee resigns in accordance with the provisions of Article 38 of the "Labor Contract Law", he can request the employer to pay economic compensation. According to Article 38 of the Labor Contract Law, if the employer pays the labor remuneration in full and in a timely manner, the employee may terminate the labor contract, and according to Article 46, the employee shall pay economic compensation to the employee if the labor contract is terminated in accordance with Article 38.
From the above provisions, it can be seen that if you resign for the reason of deducting wages or in accordance with Article 38, you can claim financial compensation, and if you resign for your own reasons and your wages are deducted after resignation, you cannot claim financial compensation on this ground. 2. The employer shall compensate 50% and 100% of the amount of arrears of wages for the wages owed to the workers. According to Article 85 of the Labor Contract Law, if an employer fails to pay the employee's wages in full and in a timely manner, the labor administrative department shall order the employee to pay the wages within a time limit, and if the employer fails to pay the wages within the time limit, the employer shall be ordered to pay the employee additional compensation at the rate of 50% to 100% of the amount payable.
If you apply for labor arbitration, you can answer the question of directly claiming compensation. Suggestion: You can ask the employer to pay back wages in full, otherwise you have the right to choose to file a complaint with the labor inspectorate or choose to apply for labor arbitration to settle the problem.
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