Whether the company has the right to deduct the wages of shareholders

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.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the wages and remuneration of the worker, compensate the worker, 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Legal Analysis: The boss does not have the right to arbitrarily deduct the employee's salary.

1. If you work for an employer, there are two ways to ask for wages:

1. Workers can file complaints with the local human resources and social security 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 Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the employment relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to wages, burial and excavation can also be used to claim economic compensation, double wages, etc., and can generally be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 removal, dismissal, resignation, or resignation;

4) Disputes arising from 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.

Interim Provisions on Payment of Wages Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers that are lower than the local minimum standard for verification of wages for work and travel.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

If an employee causes economic losses to the company, the company may deduct wages in accordance with the provisions of the labor contract, but the monthly deduction shall not exceed 20% of the employee's monthly salary. Under any of the following circumstances, the employer may withhold the employee's wages: the individual income tax withheld and paid by the employer is single-beam; The social insurance premiums withheld and paid by the employer shall be borne by the individual employee; Other.

[Legal basis].Article 16 of the Interim Provisions on Payment of Wages.

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 worker'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.

The Labor Contract Law does not stipulate how long an employee is absent from work before the company has the right to terminate the labor contract, and the employer can formulate the relevant employee management system on its own. Therefore, it is not illegal for the employer to stipulate that absenteeism for a certain period of time is a serious violation of the rules and regulations of the employer, and the employer may issue a notice of termination of the labor contract to the employee to unilaterally terminate the labor contract. In addition, according to Article 39 of the Labor Contract Law, the employer may terminate the labor contract if the employee falls under any of the following circumstances:

1. It is proved that they do not meet the employment requirements during the probationary period;

2. Seriously violating the rules and regulations of the employer; Former hail.

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6. Those who have been pursued for criminal responsibility in accordance with law.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1. It is proved that they do not meet the employment requirements during the probationary period;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalidated due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;

6. Those who have been pursued for criminal responsibility in accordance with law.