The labor law lawyer asked me to work as a community security guard in a security company. I was complained about sleeping at night, and now my salary has been deducted by 2500. How can I protect my r

The labor law lawyer asked me to work as a community security guard in a security company. I was complained about sleeping at night, and now my salary has been deducted by 2500. How can I protect my rights? When it comes to safeguarding rights, many workers don't know how to safeguard rights, or even what kind of behavior infringes on their own interests. It's not easy for workers to work at the grassroots level. It's really unfair to encounter such a thing, but that's the way society is. If you want to do it, you should consult with the company and deduct less points. If you don't want to do it, just resign and negotiate compensation with the company. If negotiation fails, you can apply for labor arbitration. If you look down carefully, I won't post and copy the legal provisions for you, and people who don't understand the labor law can't understand them.

Security companies belong to a special industry, and the working form is generally comprehensive working hours system. Let's confirm the following questions first and then answer them one by one:

1. Does the company have reasonable and legal rules and regulations? (Are the rules and regulations passed by the workers' congress and filed in the competent labor department? Do you understand after training? Is it clear in the system that your behavior is against the company system? Have you confirmed the signing compliance system before?

2, whether to sign a labor contract? Whether to go to social security? How many years have you worked? )

3. Does the labor contract stipulate wages? (For example, the monthly salary is 5,000 yuan, including basic salary+performance+Man Qin+overtime pay? The latter includes the salary part; Or the contract only says that the monthly salary is 5000, but there is no component)

4. How many hours do you work every month? (Taking the standard working hours in the Labor Law as an example, the average normal working time per month is 2 1.75 days, and it is stipulated that the working hours should be 8 hours per day, and the monthly overtime should not exceed 36 hours, that is, 2 1.75 x8 = 174 hours is the normal working time, and 36 hours is the stipulated overtime time, so/.

If all the above are negative, if you want to apply for labor arbitration, then you can continue to read it carefully. Here are the answers:

1. If the company's rules and regulations are reasonable and legal, and it is stated that your behavior violates the system, you can deduct your performance pay, but only if there are performance regulations in the system. If there is no performance regulation in the rules and regulations, it is illegal to deduct your money, deduct 2500 yuan, demand to return it, and compensate on the basis of 25% of 2500 yuan.

2. If the labor contract is not signed, you can apply for double salary during the period when the contract is not signed. One month's salary can be compensated according to one year's work (the average salary of the previous 12 months), and the maximum compensation is 1 1 month. For more than six months, it shall be calculated as one month's salary; for less than six months, it shall be calculated as half a month's salary. For example, your average monthly salary is 5000 yuan, and you don't meet the social security requirements after working for two or three years. Make up your monthly social security enterprise commitment according to your salary standard.

3. If only a total salary is written in the labor contract, such as a monthly salary of 5,000 yuan, then if you sleep (empty post), causing economic losses such as fire and theft in the community, the property management company will impose economic sanctions on the security company (the company should provide detailed evidence of economic losses), and the company has the right to deduct 20% of your total salary on a monthly basis according to the loss, and the rest shall not be lower than the local minimum wage standard. This standard varies from place to place. You can search your local minimum wage online. It is illegal to deduct your money if your behavior has not caused economic losses; Similarly, if the company does not sign a labor contract, then your total salary will be calculated at 5000, and there will be no salary composition. If the total salary and salary composition are stated in the labor contract, including basic salary+performance+and so on, then you can deduct your performance salary or Man Qin Prize. In principle, the performance of grass-roots employees in enterprises with performance accounts for about 20%. How much to deduct is determined by the company's salary performance system, or ask the company's human resources department.

4. If your average monthly working hours exceed 1.74 hours, apply for overtime compensation for the remaining overtime hours (overtime standard on statutory holidays: because you are a comprehensive worker, you work on Saturday and Sunday, which is not overtime, but you need to pay three times the salary of the day of work on statutory holidays, three times the National Day Spring Festival and three times other holidays. Normal overtime hours are 0.5 times of 65438+ daily wages. ), if your total monthly working hours exceed 265,438+00 hours, the company is illegal, and if you work in two shifts, the company is seriously illegal.

After understanding this, sort out the illegal situation of the above-mentioned companies, calculate the money that needs compensation, negotiate with the company first, and record the whole process during the negotiation. If negotiation fails, apply to the local or county labor bureau for arbitration. When going to arbitration, you'd better bring the evidence before negotiating with the company:

1. A series of materials signed at the time of employment, such as labor contract, application form, employment registration form, job description, post adjustment and salary adjustment confirmation, etc. (If it is signed but not given to you by the enterprise, you can ask him if the negotiation fails, and it doesn't matter if it is not signed).

2. Payslips, bank payslips, and social security payment records (go to the Social Security Bureau to print or download online).

3, badge, work permit, etc.

4. Attendance records (if the company uses mobile phone software to punch in, first save all the screenshots of your attendance records, so as not to be unable to negotiate with the company to provide evidence after deleting you).

5. Audio recording in the negotiation process

6. Testimonies of other workers, if any.

7, daily work photos, videos, fines, patrol records, hand-over records, etc. (picture)

8. Chat records in working groups such as WeChat or Nail, or chat records led by colleagues can be intercepted.

9. industrial and commercial registration information of the company (online search, search for the business license of Red Shield, and check with Tianyan, etc.). ).

10, ID card. As long as you can prove that you work here, you can provide as much evidence as possible.

Specific process

1. Prepare materials other than recording first.

2. Go to the company to negotiate and record. If the negotiation is successful, the company will go through the resignation procedures and require the company to make compensation immediately or within 15 days, and apply for arbitration after the deadline.

3. If the negotiation fails and you don't want to resign immediately, you must go to work on time and on time before applying for arbitration, until the labor relationship with the company is finally terminated (that is, after the arbitration result comes down, you can go through the resignation formalities with the company);

If you don't want to work one more day, you can submit a resignation notice to the company if negotiation fails (remember that it is a resignation notice, because the company has the above-mentioned illegal behavior, according to the relevant provisions of the labor law, you can immediately terminate the labor relationship, without the company's consent or not, but the resignation notice clearly States the reasons for resignation, and then submit the paper to the company's human resources department and this department respectively, send an electronic version, or send the notice to the company by express mail and keep the root, which proves that the company has confirmed receipt).

Then go to the labor department to apply for arbitration with the materials and resignation notice.