A Week'S Absenteeism Is A Week'S Wage System.

Case: last month, I was forced to leave the post for a day because I did have a private affair to do and the company refused to leave.

Recently, I found that I had been detained for a week when I received the last month's salary.

In the face of my doubts, the explanation given by the company is that it is clearly stipulated in the labor contract and the rules and regulations of the company that "absenteeism is deducted one week a week's wages", and the corresponding rules and regulations have been passed by all staff members and discussed with the trade unions on an equal footing, so that the company naturally has the right to act according to the rules.

Excuse me, is the company's practice right?

Answer: the company's practice is wrong, that is, it can not deduct your wages for a week.

On the one hand, "absenteeism for one week a week's wages" violates the mandatory provisions of the law.

Labor

The fourth clause and the second paragraph of the law stipulate: "when employing units in formulating, modifying or deciding labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits, staff training, labor discipline and labor quota management, which directly relate to the rules and regulations or important matters concerning the vital interests of laborers, they shall put forward proposals and opinions through the discussion of the staff congress or all the staff and workers, and make an equal consultation with the trade union or staff representatives."

However, the first paragraph of this article also states: "employers should establish and improve labor regulations in accordance with the law so as to ensure that workers enjoy the right to work and perform their labour obligations."

According to the above provisions, it is clear that the rules and regulations that are not negotiated by workers' Congress or all staff members and discussed equally with trade unions or workers' representatives are bound to be legally binding on workers. The key must depend on whether the rules and regulations are legitimate.

The "absenteeism of one week a week's wages" in the case is contrary to the provisions of the law and is illegal.

In addition, the thirtieth provision of the labor contract law stipulates: "the employer shall pay the workers in full and in time in accordance with the stipulations of the labor contract and the state regulations.

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"Wage payment Provisional Regulations" Fifteenth also pointed out: "the employer shall not deduct the wages of workers."

The third provision of the Provisional Regulations on wage payment is further clarification: "the" deduction "in the fifteenth provision of the Provisions refers to the deduction of the workers' due wages by the employing units without justifiable reasons (i.e., all the labor remuneration that the employer should pay to the laborers according to the standards stipulated in the labor contract provided that the laborers have provided normal labor).

Therefore, if you have been provided with normal labor for a week, the company has the legal obligation to pay you a week's wages.

And the rule of "one week's deduction for one week's wages" is not only a serious violation of the principle of fairness, but also a change of compensation for your remuneration.

On the other hand, it is not legally binding for you to deduct a week's wages from absenteeism.

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"The twenty-sixth article stipulates:" the following labor contracts are invalid or partially invalid: (1) to make or change labor contracts in violation of the true meaning by means of fraud, coercion or taking advantage of danger; (two) the employing units shall be exempt from their statutory duties and exclude the rights of laborers; (three) violation of the mandatory provisions of laws and administrative regulations. "

Because "absenteeism wages for one week a week" is part of the provisions of item (three), so it has no legal effect on you at the very beginning.

On the contrary, according to the twenty-eighth provision of the labor contract law, "if the labor contract is confirmed to be invalid, and the worker has already done the work, the employer should pay the laborer the remuneration". You have the right to ask the company to return the wages you have been withheld.

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