Employees Are Busy Making Mistakes. How To Protect Wages?
When the work is busy, the boss has to deduct all the wages of the employee, which makes the waiter Liu Liu unable to accept it. Recently, she came to our newspaper to seek help.
According to Xiao Liu, shortly after she arrived in Shanghai, she saw a notice of a recruited waiter at the entrance of a large hotel in the suburb. She said that the salary was negotiable and the room and board were all wrapped, so she went to apply for a job.
When applying for a job, she truthfully tells the manager who is in charge of recruitment that he has not worked as a waiter.
The manager said no problem, the hotel will train.
The manager also said that she was very satisfied with the interview and hoped that she would go to work on the same day, try it for one month, sign the contract after taking the probation, and get the official salary of 3000 yuan, but only the minimum wage during the probation period.
That afternoon, during the peak hours of dinner, the manager asked her to change into the uniform dress of the hotel and start work.
The manager appointed a waiter to be her master and let her follow suit.
The business in the store is good, but there are not many hands. A waiter should be responsible for several tables. Everyone will be busy when the meal time comes.
At first, she could only watch and occasionally help her master to serve a dish.
A few days later, her master and another waiter resigned. The manager asked her to hold the position of her master, and the table of the other resigned waiter was assigned to the rest of them.
The manager said that it would be easy for them to take charge of them and recruit them.
She was busier, and every time she reached the peak, she played the spirit of twelve minutes, poured tea, ordered dishes, served, poured wine, settled the bill, and cleared the table.
She was so busy that she didn't even have time to drink.
A few days ago, during the dinner time, she delivered a large dish ordered by the A table guests to the B table guest, and when she found it, the dish was almost eaten by the B table guests.
The boss knew that he immediately filled up the dishes for the A table guests, and did not let B table guests pay for that dish.
On the second day, the boss called her and the manager to the office.
The boss was very annoyed, and scolded her and the manager, saying that she sent the wrong dish to three hundred or four hundred yuan. Her work mistake not only brought economic losses to the hotel, but also damaged the reputation of the hotel.
At last, the boss asked her to pay off her wages for the month.
The price of a dish is three hundred or four hundred yuan. Why do we have to pay her one month's wages? When she makes an objection, the boss says it is irresponsible for her work.
If she is not satisfied, she may resign and leave, but the loss will still be paid.
Yin Weiyao, lawyer of Shanghai sunshine excellence law firm, said the hotel's practice is absolutely problematic.
First of all, it is illegal to try the contract first in terms of employment.
Labor Contract Law
"It is clear that a written labor contract should be concluded when establishing labor relations.
Secondly, Xiao Liu has never worked as a waiter. The unit should give enough training time instead of hurriedly arranging posts.
It should also be scientific and reasonable in terms of staffing.
Workers
Being busy is also a way to avoid some mistakes.
Finally, on economic penalties,
Wage payment
The sixteenth provision of the Interim Provisions provides that the employer can make compensation for the economic losses in accordance with the stipulate of the labor contract due to the economic losses caused by the workers themselves.
That is to say, Xiao Liu is really wrong, the unit can be punished, but it can not be arbitrary, it must be stipulated in the contract or regulated by the rules and regulations.
Even if it is to lose money, according to the Interim Provisions on wage payment, compensation for economic losses can be deducted from the wages of the workers themselves, but the monthly deduction should not exceed 20% of the workers' monthly wages.
If the residual salary after deduction is lower than the local minimum monthly wage standard, it will be paid according to the minimum wage standard.
In other words, even if a hotel has rules or contracts, it can ask for a small Liu Chengdan loss, and the hotel can not deduct all her monthly wages.
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