Staff absent from work is to belong to violate discipline badly, basis " labor contract law " regulation, the unit can dismiss with this employee, and do not need pay employee economy compensation, but wages of employee of unit need settle. Whether repulsive employee is decided independently by the unit.
The netizen seeks advice:
It is lawful that absent from work deducts money? What meaning is causing pecuniary loss? And do those who tell worker want to shift to an earlier date if deducting pay?
Zhejiang 5 before Zhou Bin's lawyer solves attorney office:
Meaning of absent from work was not approved to workaday worker does not ask for leave or ask for leave normally and absence from duty. Labor law did not set absent from work clearly one day to deduct how many pay, press active practice, absent from work that day, unit of choose and employ persons need not pay salary, besides causing pecuniary loss to unit of choose and employ persons, must not additional deduct pay. Additional, " salary pays provisional regulation " because of him laborer the reason gives unit of choose and employ persons the 16th to cause pecuniary loss, unit of choose and employ persons can ask according to the agreement of labor contract its recoup pecuniary loss. The compensation of pecuniary loss, can deduct in the salary from him laborer. But the portion that recoups every months must not exceed laborer 20% when monthly wages. If recoup the odd salary portion after under local month minimum wage standard, pay by minimum wage standard.
Zhou Bin's lawyer is analytic:
According to " labor contract law "
9 laborer have thirtieth one of following scenario, unit of choose and employ persons can remove labor contract:
(one) be notted agree with to add up to employ condition by the proof between probation;
(2) of the regulations system that violates unit of choose and employ persons badly;
(3) serious neglect one's duty, jobbery, cause to unit of choose and employ persons great those who damage;
(4) laborer builds labor to concern with unit of other choose and employ persons at the same time, cause serious effect to finishing the working job of this unit, perhaps put forward via unit of choose and employ persons, refus does not correct;
(5) because of Benfadi 26 the first condition that the paragraph sets the first times causes labor contract to disable;
(6) be found out lawfully of criminal responsibility.
Be good at labor dispute, contract dispute
