Work clothes and the like are necessary and indispensable for some enterprises (such as the catering industry). These should belong to the category of labor tools and should be provided by companies, but many enterprises share them with employees for various reasons. Its fundamental purpose is to reduce some losses (although everyone does not deduct much, the amount allocated to employees should not be underestimated).
This practice of the company is unreasonable. As employees, they can complain to the labor department or apply for arbitration.
Article 9 of the Labor Contract Law stipulates: "The employing unit shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in other names."
Labor relations are different from ordinary civil relations. The parties to a civil agreement may generally agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. However, when concluding a labor contract with the employee, the employer shall not collect the down payment, deposit or mortgage deposit from the employee in any form.
Clothing, training, materials, etc. Should be included in the company's normal operating costs. Company products (samples), labor tools, work clothes, etc. You can ask employees to return after leaving their jobs, or you can ask for compensation for losses, but you can't charge employees a deposit for this reason. ?
Once the labor inspection organ finds that the employer collects the deposit from the employee, it will order the employee to return it within a time limit according to law, and may impose a fine of more than 2,000 yuan per person in 500 yuan; If it causes damage to workers, it shall be liable for compensation. If you are afraid of losing your job, it is recommended to collect the evidence of paying the deposit, or report it anonymously to the labor department after the company collects the deposit.
Extended data:
1. If an enterprise deducts or defaults on wages without reason, it shall bear corresponding legal responsibilities, including:
1, civil liability. If the employer deducts or delays the wages of the workers without reason, or refuses to pay the wages of the workers for extended working hours, the workers may notify the employer to terminate the labor contract at any time and demand compensation from the employer. In addition to paying the workers' wages in full within the specified time, the employer also needs to pay economic compensation equivalent to 25% of the wages.
2. Administrative responsibility. The labor administrative department shall order the employing unit to pay wages and economic compensation to the workers, and may also order them to pay compensation equivalent to 1-5 times of the total amount of wages and economic compensation.
2. According to the Provisions on the Composition of Total Wages issued by the National Bureau of Statistics on June 5438+0990+1 October1,the total wages include hourly wages, piece-rate wages, bonuses, allowances and subsidies, wages paid for extended working hours and wages paid under special circumstances. , and the following income is not included in the total wages:
1, social insurance benefits paid by the unit to individuals, such as one-child allowance, family planning allowance, one-child health care fee, travel expenses for visiting relatives, winter heating allowance, funeral pension and relief fund, living allowance for survivors of deceased employees, relief fund for injured employees, and subsidies for employees' living difficulties, etc. ;
2, retired personnel treatment costs;
3, labor protection costs, such as work clothes, antidote, cool drinks, etc. ;
4. All kinds of labor remuneration and other labor income that are not included in the total wages according to regulations, such as invention award, national spark award, natural science award, scientific and technological progress award, rationalization proposal and technical improvement award, Chinese skill award, bonuses paid to athletes and coaches, and manuscript fees, lecture fees, translation fees, etc. Issued in accordance with state regulations;
5, staff travel food subsidies, food subsidies, transfer travel expenses and resettlement fees;
6. Dividends (including share dividends) and interest paid to employees who buy stocks and bonds of the enterprise;
7. Economic compensation and medical subsidy paid by the enterprise when the labor contract is terminated.
Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law