Traditional Culture Encyclopedia - Travel guide - The boss rewards employees for returning from business trips, and deducts the basic salary of employees during business trips, right?
The boss rewards employees for returning from business trips, and deducts the basic salary of employees during business trips, right?
Reward outstanding employees for business trips and issue business trip invoices. Can they be trusted? There are several ways to solve this problem:
1, employee welfare funds
2. Write a meeting record, package it as a business trip meeting, and ask the travel company if it can issue a business trip invoice or a meeting invoice, which will be included in the travel expenses or meeting expenses.
When an employee steals clothes, the boss asks the employee for compensation at the original price and deducts all the employees' wages, right? You can call the police.
Workers who pay wages in arrears, fail to pay wages or deduct wages can call 12333 to complain, which is the telephone number of the Human Resources and Social Security Bureau. You can also complain to the supervision brigade of the Labor Bureau.
Because the company fails to pay the labor remuneration on time, the employee may apply to terminate the labor contract and labor relationship and demand economic compensation. Laborers can report to the local labor inspection administrative department, and the labor inspection brigade will order the employer to pay wages. If the labor inspection brigade fails to coordinate, the laborer may apply for labor arbitration. Those who refuse to implement the conclusion of labor arbitration may apply to the court for compulsory execution.
Article 85 of the Labor Contract Law: In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay laborers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) Paying workers' wages below the local minimum wage standard;
(3) Arranging overtime without paying overtime;
(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
After research, the company decided that in order to reward outstanding employees and inspire all employees, we are now arranging to organize an excellent employee travel activity, hoping that all employees can work harder and create a better future together! You can expand this package yourself.
Can the employee's basic salary be deducted? The basic salary of employees can't be deducted casually, which is against the labor law. Article 15 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor shall not be deducted by the employing unit. Article 16 If an employee causes economic losses to the employing unit due to his own reasons, the employing unit may demand compensation for the economic losses according to the stipulations of the labor contract. 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 wage is lower than the local monthly minimum wage, it shall be paid according to the minimum wage.
Should the boss deduct the basic salary for employees to take two days off for decoration? The employer arranges employees to rest for two days due to renovation, which belongs to the situation that the employer stops work within a salary payment cycle. According to Article 12 of the Interim Provisions on Wage Payment of the Ministry of Labor, the employer shall not deduct the wages of the day.
legal ground
Ministry of Labour
Interim provisions on wage payment
Labufa (1994) No.489
Article 12 If the unit stops production or stops production within a salary payment period due to reasons other than the employee, the employer shall pay the employee's salary according to the standards agreed in the labor contract. If the wage payment period exceeds one period, and the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; If the laborer fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
Does the boss organize group tours for employees? Many companies have such treatment.
This belongs to the boss's welfare for employees, an annual trip,
But if the company's business is sluggish, it may not necessarily have this benefit.
The boss only pays the basic salary during the injury period, right? If it is a work-related injury, if the employee needs to suspend work for work-related injury medical treatment due to an industrial accident or occupational disease, the original salary and welfare benefits will remain unchanged during the paid suspension period, and the original unit will pay it monthly.
The paid shutdown period generally does not exceed 12 months. If the injury is serious or special, it may be appropriately extended after being confirmed by the municipal labor ability appraisal committee with districts, but the extension period shall not exceed 12 months.
Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.
I work in a clothing store, and the employees have a holiday during the renovation. Can the company deduct the basic salary of employees? Whether you can deduct your salary depends on your legal relationship with the clothing store.
If you have a labor relationship with a clothing store, then the clothing store can't deduct your salary without authorization.
If you have a labor relationship with the clothing store, the clothing store will deduct your salary during the renovation.
The difference between labor relations and labor relations is mainly reflected in:
First of all, standardize and adjust the main differences between labor relations and labor relations in legal basis.
Labor relations are regulated by People's Republic of China (PRC) Labor Law, and a written labor contract must be signed to establish labor relations. Labor relations are regulated by General Principles of Civil Law of People's Republic of China (PRC) and Contract Law of People's Republic of China (PRC). Whether the two parties who have established and existing labor relations sign a written labor contract shall be determined by both parties through consultation.
Second, the difference between labor relations and the main body of labor relations.
One party in a labor relationship should be an employer that meets the statutory conditions, and the other party can only be a natural person, and must be a natural person who meets the conditions of working age and has the ability to perform labor contract obligations; There are many types of labor relations subjects, such as two employers or two natural persons. Laws and regulations have less strict requirements on the subject of labor relations than on the subject of labor relations.
Third, the differences in affiliation between the parties.
The subordinate relationship between the employer and the parties involved in labor relations is the main feature of labor relations. The meaning of subordination means that the laborer becomes a member of the employing unit, that is, the parties become employees or staff of the employing unit (hereinafter referred to as employees). It is an indisputable fact that there is a labor relationship between the employees of the employer and the employer. However, in labor relations, there is no subordinate relationship in which one party is the employee of the other party. If a resident uses a domestic servant who is paid by the hour, the domestic servant cannot be an employee of the resident and cannot have a labor relationship with the resident.
Fourth, the differences between the parties in terms of obligations.
Employers in labor relations must undertake social insurance obligations for their employees in accordance with laws, regulations and local rules, and it is legal necessity for employers to undertake social insurance obligations for their employees; However, one party in a labor relationship has no obligation to bear the social insurance of the other party. For example, residents do not have to bear the obligation to pay social insurance premiums for domestic helpers they employ.
Five, the difference between the employer and the parties in management.
The employing unit has the right to manage the illegal acts of workers. Workers seriously violate the labor discipline and rules and regulations of the employing unit, seriously neglect their duties, engage in malpractices for selfish ends, etc. He has the right to terminate the labor contract of the parties according to the rules and regulations formulated according to law, or give the parties disciplinary actions such as warning, demerit recording, over-recording, demotion, etc. ; Although one party in a labor relationship has the right to punish the other party, or ask the other party to bear certain economic responsibilities, it does not include the form that one party cancels the employee's "identity" of the other party, that is, it does not include the dissolution of the labor contract or other forms of punishment.
The boss asked the employees to take two days off for decoration. Should the employer deduct the basic salary? The employer shall not deduct the basic salary. If the company stops or stops production within a salary payment period due to reasons other than the employee, the employer shall pay the employee the salary according to the standards agreed in the labor contract. If the wage payment period exceeds one period, and the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; If the laborer fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
Provisional regulations on wage payment
Eighteenth labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
Article 19 In case of a labor dispute between a laborer and an employer due to the payment of wages, the parties concerned may apply to a labor dispute arbitration institution for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Article 12 If the unit stops production or stops production within a salary payment period due to reasons other than the employee, the employer shall pay the employee's salary according to the standards agreed in the labor contract. If the wage payment period exceeds one period, and the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; If the laborer fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
Labor Contract Law
Article 77 If the legitimate rights and interests of laborers are infringed, they have the right to ask the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.
Article 78 Trade unions shall safeguard the legitimate rights and interests of laborers according to law, and supervise employers to perform labor contracts and collective contracts. If the employer violates labor laws and regulations, labor contracts and collective contracts, the trade union has the right to put forward opinions or ask for corrections; If a laborer applies for arbitration or brings a lawsuit, the trade union shall give support and help according to law.
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