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It's not legal, but the idea of local protection is that we don't sue the locality, they are all wearing a pair of pants. It is a better way to develop an online denunciation to arouse the attention of the whole society or to draw the attention of the relevant departments directly through the explosion of coal, and at the same time, you will also make a contribution to the construction of a legal society.
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It is clear from the Labour Code and the Education Act that this is illegal. Unqualified candidates among teachers can be dismissed, why should they be so?
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Illegal! Teachers are compulsory! Why do you have to deduct your wages? This is a serious violation of the human rights of teachers! It should be reported to the Education Bureau! Otherwise, go to court and sue him!
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Serious violations. Violation of the Labor Law, the Education LawIt should be appealed.
Educational reform is to get rid of unqualified candidates among teachers, retain excellent talents, improve the quality of teaching, and improve teachers' salaries, rather than changing their jobs.
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Legal Analysis: It is illegal to deduct teachers' salaries. This is because the employer shall not deduct or default on the wages of the employee without reason. The local labor department may require the employer to bear double the compensation for unpaid wages;
Legal basis: Chongliang "Labor Law of the People's Republic of China" Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
Labor Contract Law of the People's Republic of China
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 worker 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.
Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers during normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid a wage of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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The treatment of ordinary teachers can be divided into two parts, one is the salary issued by the state finance, and the other is the subsidy and welfare issued by the school.
The first case: If the salary withheld by the government is the salary, it is illegal and will not work. However, in general, this part of the teacher's salary will not be deducted.
The second situation: the school withholds the benefits and subsidies issued by the school itself, which is not only the salary, but is formulated and issued by the school itself, and is generally linked to the actual work performance, and can also be rewarded and punished. If the work performance is good, you can send a little more and be rewarded; If the work does not meet the requirements, one point can be deducted as a punishment.
This practice is understandable and prevalent in most short-serving units.
Depending on the type of salary to be deducted, if it is the first type, it is illegal and it is not allowed to be deducted privately. The second is understandable.
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On the issue of teachers' salaries in the thirteenth month, in accordance with the provisions of the national policy, after the implementation of performance wages for career establishment personnel, the original year-end one-time bonus will be cancelled and will not be paid separately. The thirteenth month salary of teachers is actually a bonus belonging to public institutions, which is a year-end bonus, not an ordinary salary, and all the staff members of public institutions with full financial appropriation have this bonus, and the thirteenth month salary of teachers may be affected by the implementation of performance pay, and the amount has been reduced. Article 78 of the Teachers Law stipulates:
No organ may change teachers' salaries, benefits, or insurance policies on its own in violation of state regulations, or increase or decrease teachers' salaries, benefits, or insurance benefits without authorization, and no organ may deduct or default on teachers' salaries. Thank you, dear! Hope mine can help you!
Hello! I'm glad to answer for you. In accordance with the national policy of the company, after the implementation of the performance salary of the former ruler for the establishment personnel, the original year-end one-time bonus will be cancelled and will not be paid separately.
The thirteenth month salary of teachers is actually a bonus belonging to public institutions, which is a year-end bonus, not an ordinary salary, and all the staff members of public institutions with full financial appropriation have this bonus, and the thirteenth month salary of teachers may be affected by the implementation of performance pay, and the amount has been reduced. Article 78 of the Teachers Law stipulates that no organ may change teachers' salaries, benefits, and insurance policies on its own in violation of state regulations, or increase or decrease teachers' salaries, benefits, and insurance benefits without authorization, and no organ may deduct or default on teachers' salaries.
Thank you, dear! Hope mine can help you!
Thank you, can the thirteen-month salary be forced into the incentive performance by the superior?
This may vary depending on the company. Most companies and single-bridge fools put the 13-month salary in the welfare bonus chain, and some may be a commitment before employment. If you calculate the performance salary, it can also be said that allergies are called to accompany you, such as excellent annual performance and so on.
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Under normal circumstances, according to the provisions of the Labor Law, an employer shall not deduct the wages payable to an employee without the employee's consent. However, according to the provisions of the Labor Contract Law, the employee and the employer may separately agree on the expenses that the employee is obliged to bear and deduct them from the wages of the employee and Ran. Therefore, whether the teacher's 13-month salary can be deducted depends on whether there is an agreement between the employee and the employer.
If there is a separate agreement between the employee and the employer, the teacher's 13 months' salary can be deducted. If there is no agreement, then the teacher's 13 monthly salary cannot be deducted. <>
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1. It is illegal to deduct wages without reason.
2. If the school reduces the teacher's salary for some reason, there must be a document to make a certificate or a valid reason.
3. If a teacher makes a mistake and deducts his salary, he must have rules and regulations to do the evidence.
4. If there is suspicion of retaliation or unjustified deduction of wages, you can apply for arbitration at the local labor dispute arbitration committee to fight for the legitimate rights and interests of individuals.
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One, it is not legal:
1. Sick leave cannot be deducted from wages, but it can be paid less (not less than 80% of the local minimum wage) as appropriate;
2. The parties can apply to the labor department where the school is located for labor arbitration (note the statute of limitations, the longest from the date of the dispute cannot exceed 1 year).
In 1995, the former Ministry of Labor issued the "Law on Implementing the Law on Salary Deduction for Teachers; Labor Law of the People's Republic of China Teachers' Salary Deduction Law Laws and Regulationsgt; Opinions on Several Issues (Lao Bu Fa [1995] No. 309) stipulates the payment of sick leave pay or sickness relief.
The specific contents are:
1) During the period of illness or non-work-related injury**, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant regulations within the specified medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.
2) Except for the circumstances stipulated in Article 25 of the Labor Law, the employer shall not terminate the labor contract when the term of the labor contract expires during the period of medical treatment, pregnancy, childbirth and breastfeeding. The term of the employment contract shall be automatically extended until the expiration of the medical period, pregnancy, childbirth and lactation.
3) Employees who take long sick leave can continue to perform the labor contract if they are able to engage in their original work after the expiration of the medical treatment period; If the employee is still unable to engage in the original job or work arranged by the unit after the expiration of the medical treatment period, the labor appraisal committee shall conduct an appraisal of the working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been identified as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through the formalities for retirement due to illness or non-work-related injuries, and enjoy corresponding retirement benefits; If the employee is assessed as a grade 5 to 10, the employer may terminate the labor contract and pay severance and medical subsidies as required.
4) The "minimum wage" in Article 48 of the Labor Law refers to the minimum labor remuneration paid by the employer on the premise that the employee has fulfilled his normal labor obligations within the statutory working hours. The minimum wage does not include wages and remuneration for extended working hours, housing and food subsidies paid by employers in monetary terms, allowances for special working environments and working conditions such as medium shifts, night shifts, high temperatures, low temperatures, underground, toxic and harmful, and social insurance benefits stipulated by national laws, regulations and rules.
5) If a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform other work arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of his or her service in the employer, and shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee.
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