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If you just say that the miners deducted their wages in May, it should be okay, because this money is originally a punishment for miners, and it always has to be held accountable to the person responsible, and you are always asked to pay, even if it is arbitration, the labor department will support it.
The point is that there are too many penalties, and penalties like this are generally not legal unless they are approved by the labor department and have been publicized. It should be said that it is the violation of the regulations themselves and not the violation of the penalty for your May or June wages.
In the same way, most of your May salary can be returned, but nominally. The money fined within a reasonable range, even the salary in May, has nothing to say, and it is completely reasonable and legal to change the name.
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It is illegal for the company to do this, you go to apply for labor arbitration, and you will definitely win.
The average company is fired after being absent from work for three days in a row, and it is impossible to deduct so many days. In addition, even if the reasonable deduction is made, it cannot exceed 20% of the salary in the month.
You have to pick up the law to protect yourself, this is a typical labor dispute, go to the current labor arbitration department to apply.
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It is recommended to apply for labor arbitration! If you are not absent from work for 15 consecutive days, you cannot terminate the labor contract! There is no legal basis for the factory rule that 10% of wages will be deducted for one day of absenteeism! Please keep the brand, work card and other valid evidence, and sue it for these animals!
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You can find an arbitration institution, a labor bureau, and some formal organizations to protect workers' rights and interests. If it doesn't work, appeal to settle it, and don't be afraid.
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If an employee is deducted from his or her wages without reason, he or she may report and complain to the labor inspection department or apply to the labor arbitration commission for labor arbitration. If the labor contract is terminated on the grounds that the employer has deducted wages, the employer shall also pay the employee severance for the termination of the labor contract, which shall be paid to the employee at the rate of one month's salary for each full year of the employee's service with the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the company can explain that it is not a deduction of wages, but a reduction in wages due to attendance and bonuses agreed upon by both parties, the above institutions will not deal with it. In this case, if you believe that the company has indeed deducted, you can initiate labor arbitration. There is no need to think too much about it, and the materials that workers need to submit for labor arbitration are very simple.
1. Labor Law
Article 50. Wages shall be paid to the worker in monetary form on a monthly basis. The wages of the workers shall not be deducted or unreasonably delayed.
Labor Contract Law
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these laws and regulations.
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Legal analysis: If the company withholds wages, it can file a complaint with the labor inspection brigade, or apply to the labor arbitration commission for arbitration, and if it is not satisfied with the award, it can file a lawsuit with the people's court. If the employer may file a complaint with the local labor inspection brigade and request a refund, the employer shall not deduct the employee's wages unless the employee causes economic losses to the employer.
Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation.
Interim Provisions on Payment of Wages Article 16 Where an employee causes economic losses to the employer due to his or her 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.
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According to the regulations, the company cannot fully deduct the employee's salary, and if the employee's salary is fully deducted, then the company is in violation. Not only can the company not deduct all the wages of employees, but also the monthly deduction of wages shall not exceed 20% of the employee's monthly wages, and the deducted wages shall not be lower than the local minimum wage standard. If the remaining part of the salary after deduction is lower than the monthly minimum wage of the current period, it will be paid according to the minimum wage standard.
If the company deducts wages in violation of regulations, it can be dealt with in accordance with the labor dispute resolution, as follows: 1. Directly negotiate with the employer on labor dispute issues. 2. You can voluntarily choose mediation, mainly to go to the labor dispute mediation committee to apply for mediation, and of course, you can also go to the court to apply for mediation.
It should be noted that the mediation agreement is not enforceable, and if one party repents anyway, it can still apply to the arbitration institution for arbitration. 4. If you can't solve the problem of your salary being deducted after labor arbitration, then it is best to collect relevant evidence and actively go to the court to sue now. A person who is dissatisfied with the arbitration award must first go through labor arbitration, and then go to court to file a lawsuit.
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