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I think it is unethical for the company to do this, after all, it is a verbal promise that the uniforms are bought one get one free, but it is not stated that the resignation three months ago does not count, which obviously violates the individual's right to know, and "must pay 320 for another set of uniforms." Otherwise, we will not pay the wages of the previous month", this practice is a violation of the legitimate rights and interests of workers, according to the relevant laws and regulations, the behavior of arrears of wages to workers under any pretext is an infringement of the rights and interests of individuals, it is certainly unreasonable to rush these two articles alone, it is recommended to solve it through negotiation first, if it does not work, and then submit a lawsuit through legal procedures, I believe that any infringement of the rights and interests of workers will not end well.
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It is against the law for them to do so, and as a company, employees should be provided with the necessary working conditions, including work clothes, operating platforms, etc. Employees should have the right to receive education and to demand working conditions from the company. All systems have been set up, and they should be operated in accordance with the system, and you should apply to the local labor arbitration department for resolution.
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That thing must be a violation, because the general corporate policy does not have effect on employees if it cannot prove that the employee has been made aware of its contents.
The second is that if you go to labor arbitration, the arbitration fee is not expensive, but the time will be very long, and you probably can't afford to delay it.
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Take a brick and shoot her to death What is the accountant There is no such charter They deducted the money and took the money to drink You know that the work clothes are no more than 100 yuan a set.
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Workers can file a complaint with the local labor bureau for labor inspection.
Work clothes must be allocated to employees by the employer, and it is a kind of welfare issued by the employer to the employee, and the employee cannot be charged a fee, if the fee is charged, it is an illegal operation, and the worker can complain to the local labor inspection department or apply for labor arbitration. 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.
During the period of employment, if the employer provides the employee with work clothes, safety helmets and other related benefits or labor protection supplies to ensure the personal safety of the employee and improve the working conditions of the worker, it shall be regarded as the working conditions provided by the employer for the employee, and the expenses arising therefrom shall be borne by the employer and shall not be deducted from the employee's salary and shall not be calculated within the minimum wage standard.
We know that it is illegal to deduct money for work clothes, and the employer should provide work clothes during the employee's employment.
Legal basis
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2. This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from delisting, dismissal, resignation, or resignation;
4) Disputes over working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
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Legal analysis: The charging of work clothes is illegal, and the worker can file a complaint with the labor inspection department. Workwear is not a corporate benefit, but a labor protection product, and the company should formulate a clear standard for the issuance of workwear.
Work clothes are generally the necessary labor protection measures provided by the unit for employees. If the employer requests the return of the work clothes after the employee has gone through the resignation procedures, but the employee has damaged the work clothes, the employer may claim compensation. However, the employer does not arbitrarily deduct the employee's salary because of this.
Legal basis: Labor Contract Law of the People's Republic of China Article 54 Employers must provide workers with labor safety and health conditions and necessary labor protection articles that comply with national regulations, and shall conduct regular health examinations for workers engaged in work with occupational hazards.
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It is not legal for an employer to deduct clothing expenses from wages. During the period of employment, the employer provides work clothes to the employee, which is regarded as the working conditions provided by the employer for the employee, so the expenses incurred in providing work clothes should be borne by the employer, and the employee does not need to bear it, so it is illegal for the employer to deduct the cost of work clothes from the employee's salary.
Whether the company can deduct the pre-job training fee from the salary.
Companies generally cannot deduct pre-job training fees from wages. It is the obligation of the company to provide training for workers, and the cost is borne by the company; However, the company may agree with the employee on the terms of the service period in accordance with the law, and when the employee breaches the contract, it shall pay liquidated damages to the company, and the amount paid shall not exceed the training fee provided by the company.
Is it illegal to withhold wages?
Wage deduction is illegal. Article 50 of the Labour Law 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.
Article 91 stipulates that 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) deducting or defaulting on the employee's wages 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, the employee is not given economic compensation in accordance with the provisions of this Law.
Personal leave is deducted from the basic salary.
Personal leave is not necessarily deducted from the basic salary, and the standard of personal leave deduction should be determined according to the labor contract signed with the employer at that time, and implemented in accordance with the rules and regulations of the employer. According to Articles 46 to 47 of the Labor Law, 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. Employers shall, in accordance with the characteristics of their production and operation and economic benefits, independently determine their wage distribution methods and wage levels in accordance with the law.
Is the five insurances and one housing fund deducted from the salary?
The part of the individual contribution payable by the in-service employee shall be paid by the individual and withheld by the unit from the salary payable. Five insurances and one housing fund refer to the collective name of several types of protective benefits given by employers to employees, including endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance, and housing provident fund.
Whether it is illegal for public institutions to deduct performance wages for sick leave.
Sick leave deduction performance is legal, first of all, the performance of employees is based on the employee's work situation and give employees incentive treatment, in the case of meeting the standard can be received in full, employees leave without work, then there is no performance pay. Second, the salary of employees during sick leave is stipulated by law, which shall not be less than 80% of the local minimum wage. So it's okay not to deduct the employee's basic salary.
Sick pay or sickness relief can be paid less than the local minimum wage, but not less than 80% of the minimum wage.
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Analysis of the law of the bridge and bridge: the fundamental reason for the company to deduct the employee's clothing fee is to use the seemingly legal clause to reduce the company's loss.
Legal basis: Labor Contract Law of the People's Republic of China Article 9 An employer shall not seize the worker's resident identity card and other documents, or require the worker to provide a guarantee or collect property from the worker in any other name.
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Hello! The company's behavior is illegal, and you can file a complaint with the labor arbitration brigade or apply for labor arbitration to request the company to refund the clothing fee.
If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.
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Disputes arising from labor relations can be reported to the local labor inspection department, which is the competent authority.
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If it is true, the company is not at fault for doing so, if the system does not state, or although it is written, it cannot be proved that the system has been trained and informed you, the company should not do this, you can ask for the return of your 320 yuan, if the company does not return, you can go to the local labor arbitration department to reflect and ask for judicial intervention.
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The employer shall not deduct the employee's salary as clothing expenses, and the work clothes shall be regarded as a kind of welfare issued by the employer to the employee, and the work clothes shall be returned to the employer after the employee leaves the company.
Labor Contract Law of the People's Republic of China
Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.
If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.
Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.
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Verbal promises are just as valid, the problem is that you can't prove it.
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The calculation base of the salary for family leave and travel expenses for family visit to be deducted: for the personnel who implement the rank salary system in the organ, it is the salary of their position, level, foundation and length of service; For the skilled workers of the organs, it is the salary of their own post, the salary of the technical level (position) and the bonus calculated according to the provisions of the state; Ordinary workers of government agencies, for their own post wages and bonuses calculated in accordance with national regulations; For employees of public institutions, the salary of their position (technical level) and the allowance calculated in accordance with the provisions of the state (of which, for sports athletes, the basic allowance for their own sports).