Whether it is a violation of labor law to be late or unsatisfactory is a violation of labor laws. Before answering this question, we first need to understand some basic provisions of labor law.
According to the Labor Law of the People's Republic of China, the employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. At the same time, employers shall strictly enforce labor quota standards and shall not force or covertly compel workers to work overtime.
So, back to our question, is it a violation of labor laws to be late and substandard to withhold wages?
First of all, we need to be clear that tardiness and substandard performance are violations of the work rules, which can lead to certain penalties. However, if the employer directly deducts wages as a punishment, then there may be a violation of the labor law.
Specifically, if the employer clearly stipulates the deduction standards in the employment contract for tardiness and substandard performance, and these standards are reasonable and fair, then such deduction may be legal. However, if the employer does not clearly stipulate the deduction standard, or the deduction standard is unreasonable or unfair, then such deduction may violate the labor law.
In addition, we also need to note that if the employer deducts wages as a punishment, then such punishment must comply with the provisions of the law. According to the Labor Law of the People's Republic of China, an employer shall not deduct or delay the wages of an employee without reason. Therefore, if the employer withholds wages as a punishment, then this behavior may violate the provisions of the law.
In short, whether the deduction of wages for tardiness and substandard performance violates the labor law needs to be judged on a case-by-case basis. If the employer clearly stipulates the deduction criteria in the employment contract, and these standards are reasonable and fair, then such deduction may be legal. However, if the employer does not clearly stipulate the deduction standard, or the deduction standard is unreasonable or unfair, then such deduction may violate the labor law. Therefore, it is recommended that employers should clearly stipulate the deduction standards when formulating work regulations, and these standards should be reasonable and fair. At the same time, if the employer needs to deduct wages as a punishment, then it should negotiate with the employee first, and then proceed with the follow-up action after the negotiation is successful.