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用人单位的规章制度规定,劳动者旷工3天或3天以上的,企业可以扣发劳动者当月的工资。该规定经过了用人单位的民主程序制定并进行了公示,其是否对劳动者具有法律上的约束力,司法实务中认识不一。“有效说”首先,原劳动部发布的《劳动部工资支付暂行规定》第十五条和《对〈工资支付暂行规定〉有关问题的补充规定》第三条规定,用人单位不得克扣劳动者工资。但“克扣”不包括以下减发工资的情况:(1)国家的法律、法规中
Employer's rules and regulations, laborers absenteeism for 3 days or more than 3 days, businesses can deduct the wages of workers that month. This provision has been formulated and made public by the employers' democratic procedures. It is not legally binding on workers and has little to do with judicial practice. First of all, Article 15 of the Interim Provisions on Wage Payment of the Ministry of Labor issued by the former Ministry of Labor and Article 3 of the Supplementary Provisions on the Issues Concerning the Provisional Regulations on Wages Payers stipulate that the employing unit shall not deduct the labor Wages. However, “deduction ” does not include the following conditions for the reduction of wages: (1) the country's laws and regulations