Employing Units To Collect Workers' Deposits And Violate Labor Laws

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< p style= "text-align: left >" guarantee in civil law "refers to a creditor's right to control the property of another person in order to ensure that the debt is cleared and set on the specific substance and rights of the debtor or third party.

The guarantee referred to in this article is not a guarantee in the civil law.

It is the behavior that the employer collateralized the risk mortgage and the employee's identity card illegally.

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< < p style= "text-align: left > > in practice, some employers have to take advantage of their strong position to prevent laborers from causing losses to employers in their work and leave without compensation. In practice, it is illegal to require laborers to provide guarantees or collect risk mortgage payments to workers.

The labor supervision department has done a lot of investigation and enforcement of this situation, and the law enforcement force has been relatively large, so that most employers do not dare to pay more money to workers in a blatant way. Instead, they adopt some disguised methods or means to achieve the purpose of collecting mortgage payments to employees.

Such as collecting clothing, computer, accommodation, training fees, fundraising funds (shares) and so on, in disguise to obtain risk mortgage.

There are even some criminals who use their laborers to work hard and get away with high mortgage payments, causing new social unrest.

In addition, the employer can also seize the employee's ID card or other documents, such as temporary residence permit, qualification certificate and other personal identification documents, so as to achieve the purpose of controlling the labourers.

Therefore, this article stipulates that employing units shall not require workers to provide security or to collect property from laborers in other names, nor to detain workers' resident identity cards or other documents.

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< < p style= "text-align: left > > there are two main types of illegal collection of property from employers by employees: one is the collection of risk mortgage money and other items when establishing labor relations, and the other is the establishment of labor relations between the displaced persons, the termination of labor relations after the establishment of labor relations and the refund of risk mortgage and other expenses; the other is the establishment of labor relations after the whole body receives risk mortgage payments and other expenses, to dismiss, dismiss or lay off workers.

Therefore, no matter whether before the establishment of labor relations or the establishment of labor relations, as long as employers employ workers, they can not ask laborers to provide guarantees or to collect property from laborers in other names.

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< p style= "text-align: left" > workers have the right to refuse the employer to collect deposits, deposits or mortgages in various forms and names.

According to the twenty-fourth provision of the Ministry of labour in 1995 on the implementation of the "People's Republic of China labor law," the employer should not collect deposits, deposits or mortgages in any form when signing labor contracts with laborers.

In violation of the regulations, the public security department and the labor administrative department shall order the employer to return it to the worker himself immediately.

The eighty-third section of this law also stipulates the legal liability for collecting property or detaining workers' certificates to laborers, that is, if the employer violates the provisions of this Law and detains the identity cards of laborers, the labor administrative department shall order the workers to refund the workers within a prescribed time limit, and shall be punished according to the relevant laws and regulations.

If the employing unit violates the provisions of this Law and requires laborers to provide guarantees and collect property from laborers, the labor administrative department shall order the workers to refund the workers themselves within a prescribed time limit, and impose a fine on the standards of below five hundred yuan and two thousand yuan per worker.

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< p style= "text-align: left > > in accordance with the seventeenth regulations of the State Council's" Regulations on rewards and punishments for enterprise employees "and the sixteenth provision of the Provisional Regulations of the Ministry of labor on the payment of wages, the employer may make compensation for the economic losses in accordance with the stipulate of the labor contract due to the economic losses caused by the workers themselves.

The amount of compensation for economic losses shall be determined by the employer according to the specific circumstances and deducted from the wages of the employees themselves, but the amount deducted from each month shall not exceed 20% of the standard wage of the person in general.

If the residual salary after deduction is lower than the local minimum monthly wage standard, it will be paid according to the minimum wage standard.

If we can quickly correct errors and perform well, the amount of compensation can be reduced as appropriate.

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< p style= "text-align: left" > there are indeed a handful of lawbreakers in the labourers who make use of their working conditions to damage the interests of employers.

At the same time, because they are more mobile, they are not easy to manage and claim, resulting in individual employers can not avoid losses by collecting risk mortgage, collateral or detain identity cards, which is illegal.

If the employer wants to avoid the loss caused by the worker to the unit, the risk of leaving the company without assuming liability for compensation shall be solved by strengthening the internal management, rather than simply adopting the wrong way of collecting the mortgage.

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