This money can’t be deducted casually! Otherwise, your unit will be illegal!
CCTV News:China’s "Administrative Punishment Law" stipulates that general employers do not have the right to impose fines, and fines are the power entrusted by the "Administrative Punishment Law" to state law enforcement agencies. At present, are it reasonable for many employers to deduct money from employees on the grounds of being late, performance and taking leave?
1. Is it legal to deduct wages for being late and leaving early?
The "penalty" for being late and leaving early is the most common. In fact, it is illegal, because generally speaking, being late and leaving early for a few minutes will not bring economic losses to enterprises, and enterprises should set up emergency plans in human resources management to solve it. It is also illegal to punish one day’s salary for being absent from work for half a day, and half a day’s salary should also be paid for working for half a day.
However, regarding the problem of being late, employers can reward diligence and punish laziness through legal means such as rules and regulations, which is also a necessary means of human resource management. In other words, the employer can punish employees who are late, but it cannot exceed a reasonable range. What is a reasonable range? Let’s take a look at these hard and fast rules.
1. Heavy rain, fog and heavy snow are not within the scope stipulated by national laws, and only earthquakes, floods and fires are within the scope of force majeure. Therefore, whether you will be deducted for being late depends on whether the company is humanized.
2. In case of traffic emergencies such as traffic jams and accidents on the way to work, employees can show the employer the evidence such as the record of the traffic police, so as to distinguish it from subjective and intentional violation of discipline and avoid losses caused by being late.
3. After the subway breaks down, there will be an apology letter from the subway company. In addition, if passengers need to prove the reason for being late to the company, they can download the "delay notice" online, without having to ask for an apology letter on the spot at the station.
2. Is it necessary to deduct salary if the sales task is not completed?
According to Article 56 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of People’s Republic of China (PRC), the clause that the employer can pay the employee’s salary below the minimum wage standard without completing the labor quota or contracting tasks agreed by both parties has no legal effect.
According to this regulation, no matter whether you have achieved your goal or not, as long as you go to work, the company should give you money, at least your basic salary can never be deducted. This kind of situation is common in many sales employees. No matter whether they finish the task or not, in fact, the basic salary should be available.
Third, did you deduct your salary without notifying the unit in advance?
Article 37 of the Labor Contract Law stipulates that the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Laborers have the right to receive remuneration. If the laborer provides labor, the employing unit shall pay the labor remuneration, and both parties shall settle the wages when the labor relationship is terminated. As normal labor income, the employer has no right to deduct wages when it cannot be determined. Therefore, it is illegal for the company to deduct wages in this case.
However, it is worth reminding that some companies will stipulate liquidated damages with the workers in the labor contract, so remember to pay more attention when signing the contract, so as not to bring unnecessary economic losses to themselves.
Fourth, should I deduct three times my salary for taking time off?
If a worker asks for personal leave, the wage calculation formula is: (21.75 days-days of leave) × daily wage.
Assuming that A’s monthly salary is 2175 yuan, the daily salary is 2175÷21.75=100 yuan. If A takes four days off in October, A actually works 17.75 days in October. Therefore, the salary in October is 17.75×100=1775 yuan.
5. Is the salary deducted from the maternity check-up of female employees during pregnancy?
Article 6 of the Provisions on Labor Protection of Female Workers stipulates that pregnant female workers shall have prenatal examination during working hours, and the time required shall be included in working hours.
The "Question Answers" further explained that the prenatal examination of female employees should be treated as attendance, not as sick leave, personal leave or absenteeism; For female workers in the front line of production, production quotas should be reduced accordingly to ensure the time of prenatal examination.
6. Is it legal for employers to withhold wages for donations?
According to the provisions of Article 91 of the Labor Law, if the wages of workers are deducted, the labor administrative department shall order the employer to pay the wages and economic compensation to the workers, and may also order the employer to pay compensation.
According to Article 4 of the Donation Law for Public Welfare, employees have the right to decide the amount of donations by themselves. Whether to donate or not and how to donate must be voluntary, and no employer may forcibly deduct employees’ wages.
According to the Interim Provisions on Wage Payment
1. Under any of the following circumstances, the employer may withhold the wages of the workers:
(1) Personal income tax withheld and remitted by the employer;
(2) The social insurance premiums withheld and remitted by the employer and borne by the individual workers;
(3) alimony and alimony required to be withheld in court judgments and rulings;
(4) Other expenses that can be deducted from the wages of workers as stipulated by laws and regulations.
2. Causing economic losses to the employer due to the employee’s own reasons.
Compensation for economic losses can be deducted from the employee’s own salary. However, the monthly deduction shall not exceed 20% of the employee’s monthly salary. If the deducted surplus salary is lower than the local monthly minimum wage, it will be paid according to the minimum wage.