[Direct answer]In the Beijing area, personal leave is a type of leave requested by employees for personal matters, which is usually treated as unpaid leave. The company does not have to pay employees' wages on the day of personal leave, but that's all. It is not allowed to deduct double or multiple wages as a punishment. According to the Labor Law of the People's Republic of China and relevant regulations on wage payment, employers are not allowed to deduct workers' wages. The maximum amount of wage deduction for personal leave is "not paying wages during the personal leave period". Any deduction beyond this range lacks legal basis. It is recommended to first check the company's rules and regulations and labor contracts to confirm the deduction agreement. If the employee is deducted double wages, they can first negotiate with the company. If no agreement is reached, they can file a complaint with the labor supervision department or apply for labor arbitration. For more details, please refer to the following link:Labor arbitration and work-related injury compensation services.

I. Problem background and typical scenarios

Disputes over deductions for sick leave are very common in employment management. Typical scenarios include: the company's system stipulates that "one day of sick leave will deduct two days' salary", and the employee is deducted six days' salary for a three-day leave; additional fines are imposed on the employee on the grounds of sick leave; unapproved sick leave is directly treated as absenteeism and double deductions are applied; and small enterprises deduct salaries in a general way without stating the basis. Many employees mistakenly believe that "if the company's system stipulates it, it must be deducted". In fact, the rules and regulations themselves must not violate the law, and clauses that increase the workers' responsibilities may be deemed invalid. In cases involving work-related injury benefits, it can be combined with other relevant laws and regulations to protect the workers' rights and interests.Personal injury and medical dispute servicesDistinguish between different fake species.

II. Key points of contention

There are three main points of contention. First, whether paid leave is unpaid: the general view is that paid leave is unpaid, and the company can withhold the day's wages, which is the mainstream practice. Second, whether it is permissible to deduct double the amount: the law only allows "non-payment of paid leave wages". Deducting double the amount for the purpose of punishment lacks legal basis and is suspected of withholding wages. Third, the effectiveness of rules and regulations: the company's wage deduction system must be formulated and announced through democratic procedures, and the content must not violate the law, otherwise it cannot be used as a basis for deducting wages. For matters involving the interpretation of labor contracts, reference can be made to the relevant provisions.Business and contract dispute services for enterprises\nDetermine the binding force of the agreement.

III. Professional analysis by Henglue Law Firm

Based on practical observations in handling labor dispute cases, the most common problems with deducting salaries for sick leave are "system violations" and "lack of evidence". According to Article 50 of the Labor Law (wages shall be paid in the form of money on a monthly basis, and deductions or unjustified delays are prohibited) and the spirit of the Interim Regulations on Wage Payment regarding deductions for sick leave, courts usually determine that sick leave does not require salary deductions, but disallow double deductions. If the company's system has not been publicly announced through democratic procedures or significantly increases the workers' responsibilities, the relevant provisions are invalid. Henglue Lawyers usually advise employees to: keep records of sick leave approval and pay slips, and verify whether the deducted amount is only equal to the sick leave salary; companies should improve their legal and compliant attendance and salary systems to avoid the "double salary deduction" clause becoming a point of losing the arbitration. For cases involving work-related injuries and sick leave with pay, they can be followed up accordingly.Labor arbitration and work-related injury compensation servicesIdentify fake seeds.

IV. Practical suggestions and legal basis

The legal basis is Article 50 (prohibition of deducting wages) and Article 91 (legal liability for deducting wages) of the Labor Law of the People's Republic of China (implemented on January 1, 1995 and amended on December 29, 2018); as well as the provisions of the Provisional Regulations on Wage Payment issued by the former Ministry of Labor concerning the payment of wages during employees' leave (sick leave is usually not paid). Practical suggestions: Employees should apply for leave in accordance with the system and keep records in advance; check the pay slips to confirm that the deductions only equal the wages for sick leave; if they encounter double deductions of wages, they should first consult with the company and raise objections in writing; if no agreement is reached, they can file a complaint with the labor supervision team or apply for labor arbitration to claim the return of over-deducted wages. For matters involving corporate compliance, they can refer to the relevant provisions.Special services and other case servicesCensorship system.

5. Henglu Law Firm's Advice

A leave of absence "without pay" does not mean that the employee can be fined. When an employee is deducted double wages, first check whether the deduction exceeds the wages on the day of the leave of absence; keep the approval records, attendance records, and pay slips as evidence; if no agreement is reached, promptly file a complaint or arbitration, and pay attention to the one-year arbitration statute of limitations. For the company, the salary deduction system must be legal, subject to democratic procedures, and publicly disclosed, and invalid clauses such as "double salary deduction" should be avoided. If the basis for the deduction or the statute of limitations are unclear, it is recommended to consult a lawyer as soon as possible to avoid the rights and interests being damaged due to delay. If necessary, legal assistance can be sought.Labor arbitration and work-related injury compensation servicesEvaluate the protection of rights and interests.

VI. Frequently Asked Questions

Q1: The company stipulates that employees who take personal leave will have their salaries deducted at double the normal rate. Is this stipulation valid?

It's usually ineffective or partially ineffective. It's a mainstream practice for companies not to pay employees' salaries on the day of their sick leave. However, imposing a penalty of "deducting double the amount" exceeds the scope of unpaid salaries and is suspected of withholding wages. Moreover, if the system is not formulated and publicized through democratic procedures and significantly increases the responsibilities of employees, the relevant provisions may be deemed invalid. Employees can claim that only the sick leave salary should be deducted and the over-deducted portion should be refunded. It is recommended to first check the system formulation and publicity procedures before deciding whether to file a complaint or arbitration. Don't assume that it's valid just because it's written in black and white.

Q2: If I'm deducted double my salary, what evidence do I need to prepare?

The core evidence includes: labor contracts and employee handbooks (to prove the salary deduction agreement and the basis of the system); leave approval records (OA screenshots, WeChat messages, and emails, to prove the number of days of sick leave and the approved amount); pay slips and bank statements (to prove the actual amount deducted); attendance records; and chat logs or recordings of communication with the company about the salary deduction. The organization of the evidence revolves around "taking sick leave—the company deducts an amount exceeding the sick leave salary—the basis of the system is illegal or invalid". The more complete the materials are, the more confident we are in recovering the over-deducted wages.

Q3: How much does it cost to recover the overcharged salary?

Labor arbitration is free of charge. Workers do not need to pay case acceptance fees when applying for labor dispute arbitration. If they appeal against the arbitration decision, the court's case acceptance fees are usually 10 yuan per case (half the fee for labor dispute cases). Lawyer's fees are charged on a per-case basis or according to a percentage of the claim amount, subject to the terms of the engagement contract. Since the amount of salary deductions for sick leave is usually not large, it is recommended to first file a complaint with the labor supervision authority or initiate arbitration, as these options are cost-effective and relatively time-efficient. There's no need to give up claiming compensation just because the amount is small.

Q4: How long does it usually take to resolve disputes over salary deductions for personal leave?

Labor arbitration cases are generally concluded within 45 days from the date of acceptance, and the time limit may be extended by no more than 15 days if the case is complex. If the parties are dissatisfied with the arbitration award, they may file a lawsuit with the court within 15 days. The first-instance ordinary procedure lasts six months, and the summary procedure lasts three months. If they choose to file a complaint with the labor supervision authority, the investigation period will vary depending on the specific case. Overall, it usually takes several months to half a year from the time of filing a complaint or applying for arbitration to receiving the repayment of wages. It is recommended to assert rights in a timely manner after a dispute arises, and to pay attention to the one-year arbitration statute of limitations from the date of knowing that one's rights have been infringed, so as to avoid losing remedies due to exceeding the time limit.

Q5: If I find that I've been deducted double my salary, what should I do first?

Here are the four steps recommended: 1. Retrieve the pay slips and bank transaction records to verify whether the amount deducted is only equivalent to the wages for the day of the leave. 2. Collect the leave approval records and employee handbooks to confirm whether the company's wage deduction basis and policies are legally disclosed and compliant. 3. First, raise written objections to the company's human resources department, demanding that the deduction be based on the wages for the leave and that the over-deducted portion be refunded. 4. If no agreement is reached, file a complaint with the labor supervision team or initiate labor arbitration within the one-year arbitration statute of limitations, submitting the above-mentioned evidence to claim the refund. Throughout the process, maintain communication records and, if necessary, hire a lawyer to assist with the arbitration to legally recover the over-deducted wages and restore the employee's rights.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.