Does the company deduct rent or wages?

Case: Xiao Wang, a native of Shandong, is an employee of a labor dispatch company. When recruiting Xiao Wang, the labor service company requires Xiao Wang to live in the dormitory provided by the company and rent 200 yuan every month. However, the two sides did not sign any agreement on accommodation. According to the labor contract, Xiao Wang's monthly salary is 1300 yuan. From June 5438 to October 2009 10, Xiao Wang was sent to an electronics company as an operator. In the first three months, Xiao Wang lived in the dormitory provided by the labor service company, and the company deducted 2 10 yuan from his salary every month.

From April 2009, Xiao Wang shared a house with other colleagues and told the labor service company not to stay in the dormitory provided by the company. The labor service company continues to deduct the rent and utilities from Xiao Wang's salary every month on the grounds that the company has booked and paid the rent according to the actual number of employees when recruiting. Xiao Wang and the labor service company failed to negotiate many times. In August 2009, Xiao Wang complained to the Labor Inspection Brigade of the Development Zone on the grounds that the labor service company deducted wages, demanding that the company return the deducted wages. In the investigation, the labor service company said: the deducted utilities can be refunded, but the accommodation fee cannot be refunded, because the company has reached an oral agreement with Xiao Wang at the time of recruitment, and actually paid Xiao Wang's accommodation fee in advance, and the company does not deduct Xiao Wang's salary. Then, can Xiao Wang's deducted salary be refunded? Does the company's behavior belong to wage deduction?

Analysis: the company's behavior belongs to wage deduction and should be corrected. Deduction of wages refers to the behavior of employers to deduct wages from workers when they provide normal labor and perform the responsibilities and obligations of labor contracts according to the requirements of employers. According to Article 11 of Beijing Regulations on Wage Payment, the employing unit shall deduct the wages of workers in accordance with the collective contract, labor contract or the rules and regulations of the unit. In this case, Xiao Wang provided normal labor according to the company's requirements, and the company deducted Xiao Wang's salary without any contractual basis and factual basis. Therefore, the deduction of Xiao Wang's salary by the labor service company belongs to the deduction of salary.

The labor service company finally returned Xiao Wang's salary 1050 yuan, accepted our suggestion, and signed an accommodation agreement with all the dispatched employees, clearly stipulating the commitment of accommodation fees and the payment of liquidated damages.

Here, the Labor Inspection Brigade of Development Zone reminds all employers that it is good to help employees solve the accommodation problem, but to do a good job, we must pay attention to all actions subject to laws and contracts.