Don t have to pay a deposit? I don t want it anymore after paying the deposit

1. The work of paying the deposit first is not credible, either the unit is **, or the unit does not understand the law, because according to the provisions of the "Labor Contract Law", it is illegal for the unit to collect the deposit;

2. Legal basis:

1) Article 9 of the Labor Contract Law (2012 Amendment) [Employers shall not seize the employee's certificate and require the provision of guarantee] When an employer recruits a worker, it shall not seize the employee's resident ID card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in any other name.

2) Labor Contract Law (2012 Amendment) Article 84 [Legal Responsibility for Withholding Workers' Identity Documents and Other Documents] If an employer violates the provisions of this Law by seizing the employee's resident identity card and other documents, the labor administrative department shall order the employee to return it within a time limit 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.

Jiangcun is the matter (Sikong Shu) Chuncao (Tang Yanqian).

Chapter 45: Jin Ranchi dissects each other in Jinlan language, and the wind and rain are dull and wind and rain words.

The deposit is that one party deposits a certain amount of money in the other party to ensure that its actions will not cause damage to the interests of the other party, and if it causes suspected damage, it can pay this fee according to the facts or compensate separately. After the legal relationship between the parties does not exist and there are no other disputes, the deposit shall be refunded. In the event of default, it will be deducted.

The deposit is substitutionary, generally in order to ensure that the delivered subject matter can be returned, the other party is required to pay a considerable amount of security deposit, and when the contract cannot be performed, the deposit is confiscated as a way to settle the contract, reflecting the protection of the interests of the party who did not pay the deposit. Deposit, also known as security deposit, risk collateral, etc. in practice. It refers to the agreement between the parties that the debtor or the three parties will pay a certain amount of money to the creditor as a guarantee for the performance of the debt, and the deposit will be returned or deducted when the debt is performed; In the event of non-performance of the debt, the creditor may be paid in priority for the amount.

The person who pays the deposit, called the mortgagee, is generally the debtor or a third party. The person who receives the deposit is called the mortgagee, and he is the creditor.

Legal analysis: The deposit is a kind of security in kind, when the debtor fails to perform the debt, the creditor can freely decide to deduct it from the deposit, which is the most direct and effective method of protection.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

If you pay a deposit and don't want to buy it, the deposit is generally non-refundable. However, in reality, whether to return the deposit depends on the agreement in the house sale and purchase contract. According to Article 577 of the Civil Code, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract, take remedial measures or compensate for losses.

Article 578 stipulates that if one of the parties expressly expresses or expresses by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

Article 577 of the Civil Code: If a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 578:When one of the parties to the letter clearly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

Legal Analysis: The deposit is legally refundable.

The deposit is that one party deposits a certain fee with the other party to ensure that its actions will not cause damage to the interests of the other party, and if the damage is caused, it can be paid according to the facts or compensated separately.

After the legal relationship between the parties does not exist and there are no other disputes, the deposit shall be refunded. In the event of default, it will be deducted.

Legal basis: Article 587 of the Civil Code of the People's Republic of China for the Empty Archives Article 587 If the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.