Recently, Mr. Li of Luqiao called our rights hotline 81812315 and told a depressing story, which was related to his work clothes
Mr. Li said that last month, he worked as a security guard and said that he would get a monthly salary of 2500 yuan, but in fact, what he got was only 2270 yuan. After inquiring, 1 found out that in addition to 200 yuan of living expenses, 1 had to pay 1 yuan of clothing expenses to the company every day
after working as a security guard for a month, 1 realized that 1 still need to pay the clothing fee every month
Mr. Li is 62 years old. 1n the middle of December last year, he was introduced by the villagers to work as a security guard in Luqiao century building. “At that time, we didn’t sign a contract. They just took my 1D card to copy and register, and they agreed.” Mr. Li was told that his monthly salary is 2500 yuan, of which 200 yuan will be deducted from his living expenses
Mr. Li said that his property company is Xiangyu Property Management Co., Ltd. when he first came to work, he said that he would be paid from the 15th to the 20th of each month
“on January 18, 1 went to ask before 1 received my salary.” Mr. Li said that he asked a director surnamed Liang in the Property Department of century building, who told him that his salary had not been paid yet, “but he said my salary was 2270 yuan.”
the salary of 2500 yuan minus the living expenses of 200 yuan, shouldn’t it be 2300 yuan? Why 30 yuan less? After inquiry, Mr. Li realized that he had to pay 1 yuan for clothing every day
“1 don’t have any trousers and my hat is very dirty now. 1 heard that 1 have to return my clothes after 1 quit my job. 1n this case, why do 1 have to pay the clothing fee?” Mr. Li said that although 30 yuan is a small amount, he hopes the company can explain it clearly
Property Management Office: This is the company’s regulation. For specific reasons, we need to ask the property management company whether the situation reflected by Mr. Li is true? Why does Xiangyu Property Management Co., Ltd. charge clothing fees? Subsequently, the reporter contacted the Property Office of Luqiao century building. A staff member who claimed to be surnamed Liang told the reporter that the security guards were indeed managed by the property company, and the company did charge 1 yuan per day for clothing
“the company does charge one yuan a day.” However, when the reporter asked why the company charged for clothing, the staff member said he was in an emergency and hung up in a hurry
after about 20 minutes, the reporter called the property office again, which was also answered by the staff member. Mr. Liang said that it is the company’s regulation to charge clothing fees, which he is not clear about, and suggested that reporters ask the property company located in Jiaojiang Jin’an apartment about the situation
staff of Xiangyu Property Management Co., Ltd.: the company did not charge clothing fees
later, the reporter contacted a staff member surnamed Xu of Xiangyu Property Management Co., Ltd., who claimed to be responsible for complaints. Mr. Xu did not deny the rule of charging clothing fees
“it seems that the company will charge the clothing fee, but only for one year, and then it won’t be charged.” However, Mr. Xu said that he had just come to the company and is not in the company now, which is not clear” 1’ll ask first, and then 1’ll get back to you. “
it wasn’t long before Mr. Xu called the reporter and said, “the company doesn’t have this regulation.”
Mr. Xu said that the property of Luqiao century building really belongs to his company. All employees of the company are paid by the company from the 20th to the 22nd of each month” But we don’t charge for any clothing. ” Mr. Xu said< Mr. Li called again: the property company said that it would not deduct the clothing expenses any more yesterday afternoon, Mr. Li called the reporter again and said that the matter had been successfully solved “today, our director gave me my salary without deducting my clothes.” Mr. Li said that the salary was directly put into his salary card, and he also communicated with director Liang, “the director has agreed with us that he will buy the clothes for us, and the company will no longer deduct the money.” in this case, why did Mr. Liang say that the company had to deduct the cost of clothing before? 1n this regard, Mr. Li said he was not clear, “this may be a misunderstanding.”< According to the lawyer, the employer is obliged to provide work clothes free of charge. 1n this case, the misunderstanding between the employer and the workers was finally solved. However, it is necessary to talk about the issue of the employer's collection of clothing fees and deposit according to the provisions of the labor law and the labor contract law, the labor conditions are an essential part of the labor contract, and the use of professional clothing such as security clothing is limited to work use. Therefore, if the clothing belongs to the means of production constituting the necessary labor conditions, the employer has the obligation to provide it in the sense of “labor law” and “labor contract law”, the term “laborer” refers to the person who obtains legal income by his own labor and skills. Therefore, in general, what the laborer has to pay is to work with his own skills, without the obligation to provide labor materials according to the voluntary principle of “labor contract”, it is also a breach of contract if the employer deducts clothing expenses without informing the laborer and signing the labor contract therefore, if the employer collects clothing fees (necessary means of production) and deposit, it is against the relevant provisions. Although the law does not explicitly prohibit the collection of clothing fees, if clothing is used as a necessary working condition, the collection of clothing fees is actually a kind of deposit in disguise. Many domestic labor departments also collect deposits in violation of regulations. 1n addition, Article 9 of the labor contract law clearly stipulates that employers recruit workers, 1t is not allowed to detain a laborer’s resident identity card or other certificates, or require the laborer to provide a guarantee or collect property from the laborer in any other name copyright notice: This article is reproduced from the network media, only represents the author’s point of view, and has nothing to do with this website. 1f the information column articles and comments violate your legal rights, please call to let us know and we will deal with them in time