The teacher was absent from class for three and a half days, and his salary was almost deducted.

The teacher was absent from class for three and a half days, and his salary was almost deducted.

"You absenteeism in August for 3.5 days, 2800 yuan. Counting the personal payment of hardware, it will be deducted directly from your salary in August. In other words, your salary in August is gone. " On August 30th, Fan Xiao was very surprised after receiving this short message from the accounting office of Yaozhou Experimental Kindergarten. She questioned whether it was legal for the garden to withhold money like this.

She went to a new unit after her leave was not approved.

Yaozhou Experimental Kindergarten, located in Xia Lang Street, is an inclusive private kindergarten.

In the second half of last year, Fan Xiao went to this kindergarten to teach. According to the professional qualification certificate held by Fan Xiao, she is a "double certificate" teacher with a monthly salary of more than 3,600 yuan.

"According to the contract signed at that time, my employment period will expire on August 3rd this year1. However, in June this year, Director Zhao informed me in advance that I would be fired and I would not have to go to work in August. " Fan Xiao said that considering the economic income, she voluntarily continued to work in August until August 3 1. Director Zhao agreed to this request.

In this way, during the summer vacation, Fan Xiao has been working in the summer school of kindergarten. In the meantime, she found a new job as a substitute teacher in primary school.

On August 28th, the semester is coming, and Fan Xiao was informed that she must go to her new unit to prepare for the new semester. Therefore, Fan Xiao asked Zhao Yuanchang for leave, and she could not continue her normal work. Director Zhao directly rejected Fan's request for leave. After weighing, Xiao Zhao devoted himself to his new job and didn't go to kindergarten since the afternoon of 28th.

Later, Fan Xiao received a notice of "deduction of money for absenteeism".

The garden responded that absenteeism and deduction of money were "unified regulations"

On August 3 1, the reporter called Zhao Yuanchang, and she confirmed: "Fan Xiao's salary in August was almost deducted, leaving a fraction of more than 40 yuan. I asked the finance department to send a text message to inform her. "

Director Zhao said that he didn't allow Fan Xiao to take time off because late August was the busiest time for kindergarten. Before school starts, teachers should decorate the campus and prepare new courses. Fan Xiao promised to work until August 3rd1.

As for the basis of "half-day deduction of 400 yuan for absenteeism", she said it was "the unified regulation of the teaching assistant room in Xia Lang street".

Director Zhao thinks that if Fan Xiao has any objection to the salary, he can negotiate directly with the garden.

Kindergartens enjoy autonomy, and the teaching assistant room denies the unified pricing of truancy deduction.

However, Mr. Ye of Jiejiao Auxiliary Room denied the statement that "teaching auxiliary rooms are uniformly priced". Teacher Ye said that there is no uniform regulation and no guidance on the standard of deduction for absenteeism of kindergarten teachers.

Teacher Ye also revealed that the monthly salary of teachers with "double certificates" is unified in the whole city.

Lawyers believe that the illegal labor department has intervened.

Lawyer Wang Yubo of Zhejiang Shunlian Law Firm believes that the kindergarten's action is illegal.

Lawyer Wang analyzed that absenteeism is a serious violation of discipline and discipline, and workers may be expelled from the employer. The law does not clearly stipulate the deduction standard for absenteeism. According to the law, the employer shall not deduct the employee's salary, and the salary must be paid in full every month.

If an employee causes economic losses to the unit due to his own reasons, he may deduct the corresponding compensation from the employee's salary, but the monthly deduction amount shall not exceed 20% of the salary of the current month. After deducting this money, if the surplus salary is lower than the minimum monthly wage in Yuyao, it will be paid according to the minimum wage.

Therefore, lawyer Wang believes that the practice of kindergartens lacks legal basis and is unfair. Fan can complain to the labor inspection brigade and ask for a replacement of the detained wages.

At the same time, I learned from the labor arbitration department that if employees are absent from work, the employer can only deduct money from bonuses, such as attendance awards.

Postscript At present, Fan Xiao has complained to the human resources department, and the complaint has been accepted.

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