Is it a violation of labor law to pay a deposit for entry?

you can lodge a complaint with the local labor inspection department or apply for labor arbitration. There are valuables in the company. In order to protect valuables, the company requires employees to pay a certain amount of risk mortgage. If the following requirements are met, a deposit can be paid: for the daily production and operation of the company. Employees voluntarily pay the deposit. The delivery time of the deposit must be after the labor contract is signed. In addition, when the company signs a labor contract with employees, the company may not charge a deposit.

legal analysis

The employer requires the new employee to provide guarantee during the probation period. There may be two forms, one is to collect the deposit, and the other is to provide the guarantor with the guarantee responsibility. The first is forbidden by the labor law of our country; The other is to provide a guarantor to bear joint and several liability. In China, there is no law that explicitly allows or prohibits it, and workers can provide it on a voluntary basis. When a company signs a labor contract with an employee, it is subject to the following restrictions: the company shall not detain the employee's ID card and other documents; The company requires employees to provide money guarantee for any reason or ask employees to pay money or other property in disguise in other names. Therefore, when signing a labor contract, the company is prohibited from collecting deposits from employees. Outside the circumstances stipulated by law, if the company violates the regulations and collects the deposit from the employees, it will be punished as follows: the labor administrative department will require the company to return the deposit to the employees within a certain period of time; A fine of 5~2 yuan per person; Be responsible for the damage caused by employees.

Legal Basis

Article 84 of the Labor Contract Law of the People's Republic of China * * * If an employing unit violates the provisions of this law and distracts the employee's resident identity card and other documents, the labor administrative department shall order it to be returned to the employee within a time limit and impose penalties in accordance with relevant laws and regulations. If an employing unit, in violation of the provisions of this Law, collects property from laborers by way of guarantee or other names, the labor administrative department shall order it to be returned to the laborers within a time limit, and impose a fine at a rate of more than 5 yuan but less than 2, yuan per person; If it causes damage to workers, it shall be liable for compensation. If the employee dissolves or terminates the labor contract according to law, and the employer detains the employee's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph.