Is it permissible to withhold an employee's salary?
Question
I am currently working as a seasonal restaurant and hotel service staff member. Both parties have agreed verbally that the wages will be paid in cash after each shift (one shift is paid 200k). However, recently, due to a shortage of staff, the manager has stated that only 150k will be paid after each shift, withholding 50k as a means to deter me from leaving the job abruptly. This withheld amount will be fully paid back to me at the end of the month. I would like to ask whether the manager withholding a portion of my wages in this manner is a violation of the law?According to the provisions of Clause 2, Article 14 of the Labor Code 2019 on the form of labor contracts:
+ The two parties may enter into a verbal labor contract for a contract with a term of less than 01 month, except for the cases stipulated in Clause 2, Article 18; Point a, Clause 1, Article 145; and Clause 1, Article 162 of this Code.
Moreover, according to Point d, Clause 1, Article 21 of this Code, the contents of a labor contract include:
+ Salaries determined by the job or title, form of salary payment, salary payment terms, salary allowances, and other additional amounts.
Clause 1, Article 94 of this Code stipulates the principles of salary payment as follows:
+ The employer must pay the salary directly, fully, and on time to the employee. In case the employee cannot directly receive the salary, the employer may pay the salary to a person legally authorized by the employee.
Here, both parties have specifically agreed on the salary amount and the salary payment schedule. Therefore, in this case, the management withholding a portion of your salary is against the stated regulations and principles of salary payment. You may file a complaint with the direct superior of this manager to request resolution.
Sincerely!
