The Law Of Withholding A Monthly Salary Is Not Allowed.

In early July 2015, Zhao Jing introduced to a security company to work.

A two-year labor contract signed between the two parties is agreed: the probation period is two months, the salary is 2000 yuan, the monthly salary is second yuan from second months, and the monthly salary is issued before the 10 day of each month.

It was not until August 10th when the salary was paid that Xiao Zhao was told that

They have to be detained for a month's wages as security deposit.

Ask other security guards, the answer is so.

The ninth provision of the labor contract law stipulates that the employing units shall not be detained for recruiting workers.

The resident identity card and other documents shall not require workers to provide security or collect property from laborers in other names.

The provision shows that when employing units in recruiting workers, three can not: they must not detain documents, nor require workers to provide security, nor to collect property from laborers in the form of margin.

The company's detention of Xiao Zhao's monthly salary as a margin is an illegal act. Xiao Zhao can complain or report, or submit labor arbitration.

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When a worker applies for a job again, "certificate of resignation" is a certificate that many units need to issue when they employ new employees.

The ninety-ninth provision of the labor law of China stipulates: "if the employer employs the laborer who has not yet terminated the labor contract and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation in accordance with the law."

In order to avoid such disputes and liability for compensation, many units will be very cautious when hiring employees who have no proof of departure.

The certificate of resignation is a proof that the employee has left the original unit and has terminated or terminated the labor relationship with the original unit.

The proof ability of the certificate of separation is mainly reflected in the following aspects: first, it proves that the employer and the worker have terminated or terminated the labor relationship; two, it is proved that the resignation of the employee has been handled according to the normal procedures, and there is no dispute with the original unit; three, it is proved that the employee has been a free person, can apply for unemployment benefits or apply for a new job; four, it can prove the pfer of personnel relations, social security, and provident fund for the employee who left the office; five, it can prove that the relevant work experience of the departing employee in the original unit is conducive to the application of the relevant positions.

Two, the issue of "leave proof" is the legal obligation of the employer.

As far as the city is concerned, the forty-first provision of the Shanghai labor contract regulation provides that "the termination or termination of a labor contract shall result in an effective proof of the termination or termination of the labor contract relationship."

Therefore, it is not a job that can be done or can not be done by a resignation worker, but a legal obligation that the employer must do.

In particular, when the worker terminates the labor relationship ahead of time, the employee should not approve the employer's employment without the employer's approval.

On the contrary, the eighty-ninth article of the labor contract law also stipulates: "the employer fails to provide written proof of termination or termination of labor contract to the laborers in violation of this law, which shall be ordered by the labor administrative department to correct it, and the worker shall be liable for damages if he causes damage to the worker."