What Is The Standard Of The Law For Staff Housing And Lodging?

Qi Xiaoyan: I am an ordinary girl working in Beijing from Guangxi. I am 24 years old.

Last July, I saw a clothing company on the Internet recruitment notice on the phone, after the interview, the other side officially hired me.

At that time, the boss said that the bag was eaten and wrapped, and after three months of probation, he signed a labor contract and gave me social insurance.

In November 1st last year, the company signed a one-year labor contract with me, but since then, I have not paid social security premiums.

Recently, two

About my resignation, we wrote the resignation application. The boss began to disagree, and later said that he could go. Because the deadline for the labor contract was not yet reached, the employees' early termination of the labor contract must be deducted from the cost of food and housing in the company. After calculating, the average daily deduction was 50 yuan for meals and 60 yuan for the bed fee. The total sum was 110 yuan per day.

We don't agree with too many buckles. The boss says he disagrees and can only go to the end of the labor contract.

Excuse me?

What is the standard for staff room and board deduction?

Yang Xuefeng: Hello, the law has no standard for staff housing and lodging.

The essence of the company's practice is to allow employees to bear the penalty for breach of contract, which is in violation of the relevant provisions of the labor contract law.

The twenty-second provision of the labor contract law stipulates that employers can provide special training expenses for workers, and if they engage in professional and technical training, they may conclude an agreement with the worker and stipulate the service period.

If a worker violates the stipulations of the service period, he shall pay liquidated damages to the employer in accordance with the contract.

The amount of penalty shall not exceed the training fee provided by the employer.

The liquidated damages paid to the laborers by the employer shall not exceed the training expenses that should be apportioned in the part of the service period that has not yet been fulfilled.

The twenty-third provision stipulates that employers and workers can stipulate in their labor contracts the business secrets of the employing units and the confidentiality matters related to intellectual property rights.

For a laborer who has a duty of confidentiality, the employer may stipulate a competition restriction clause with the laborer in the labor contract or confidentiality agreement, and stipulates that the worker's economic compensation shall be given to the laborer on a monthly basis within the time limit of the competition according to the termination or termination of the labor contract.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employer in accordance with the contract.

The twenty-fifth provision provides that, in addition to the twenty-second and twenty-third provisions of this law, the employer shall not agree with the laborer that the worker shall bear the penalty for breach of contract.

From this point of view, clothing companies to deduct your meals and bed fees does not belong to the twenty-second and twenty-third regulations, so it violates the provisions of the labor contract law.

In addition, according to the thirty-eighth provision of the labor contract law, the clothing companies do not pay social insurance premiums for you in accordance with the law. You can terminate the labor contract according to law and ask the company to pay the economic compensation.