Can the company deduct employees' wages at will and terminate the labor contract?

Can I apply for termination of the labor contract by deducting wages?

Of course.

Employees whose wages have been deducted by the company may request to terminate the contract and pay economic compensation.

The company's deduction of wages belongs to the situation of "not paying labor remuneration in full and on time" as stipulated in Article 38 of the Labor Contract Law. The laborer may notify the employer in writing to terminate the labor contract and demand to pay economic compensation.

The "deduction of wages" by the employer means that the employer deducts the wages due to the laborer without justifiable reasons (that is, under the premise that the laborer has provided normal labor, the employer should pay all the labor remuneration to the laborer according to the standards agreed in the labor contract). Excluding the following wage reductions:

1, which is clearly stipulated by national laws and regulations;

2. There are clear provisions in the labor contract signed according to law;

3. It is clearly stipulated in the factory rules and regulations formulated by the employer according to law and adopted by the workers' congress;

4, the total wages of enterprises linked to economic benefits, economic benefits decline, wages must fall (but the wages paid to workers shall not be lower than the local minimum wage standard);

5. Due to the employee's personal leave, the salary is reduced.

The laborer must have sufficient evidence to terminate the labor contract on the grounds that the employer has deducted wages. In judicial practice, if the employer has evidence to prove that the calculation standard is unclear, controversial or really difficult to operate due to objective reasons, it will not be supported if it has reasonable reasons or is recognized by the workers.

Relevant laws and regulations

Labor Contract Law

Article 38 A laborer may terminate the labor contract under any of the following circumstances:

(2) Failing to pay labor remuneration in full and on time;

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

Through Bian Xiao's introduction, we can understand that it is wrong for a unit to deduct wages. As an employee, you can apply to terminate the labor contract. If negotiation fails, you can go to the complaint settlement and your rights and interests will be protected. If you have any questions about the above related contents, you can consult relevant lawyers.

Tips:

The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves other issues stipulated by the civil law #