According to Mr. Ha, finding out Clause 1, Article 102 of the Labor Code, an enterprise can only deduct salary in case the employee damages or loses the enterprise's property.

Mr. Ha has reflected, the company replied, this is a private enterprise, salary according to revenue contract, not a state-owned enterprise, the company does not violate the law. Mr. Ha's average salary and many drivers are very low (less than 4 million VND) even though they all work for a full month without taking a day off.

Mr. Ha asked, did the company do so in accordance with the law? And if the company violates the labor law, what should he do to ensure his rights?

Lawyer Tran Van Toan, Khanh Hung Law Office, Hanoi Bar Association replied to Mr. Tran Thanh Ha as follows:

Clause 1, Article 96 of the Labor Code 2019 stipulates that the employer and employee agree on the form of time-based, product- or contract-based payment.

According to Point c, Clause 1, Article 54 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government detailing and guiding the implementation of a number of contents on working conditions and labor relations, a flat salary is paid to employees who enjoy a fixed salary based on the volume of work, the quality of the work and the time it takes to complete the work.

Thus, payment of flat salary is a form of salary payment according to the provisions of labor law.

In case the company where Mr. Tran Thanh Ha is working stipulates that the revenue of a taxi driver in 1 working day must be paid to the company 650,000 VND, the company will pay a specific salary as agreed in the labor contract. The company will deduct a part of the paid money to pay salaries to employees in a proportional manner, enough to receive the salary as agreed. In case of exceeding the fixed salary level, the salary will be higher; if the wage rate is not enough, the salary will be reduced, but the monthly salary paid by the company to the employee must not be lower than the regional minimum wage prescribed by the Government.

In case the enterprise is entitled to deduction of salary

Article 102 of the Labor Code 2019 stipulates that the employer may only deduct the employee's salary to compensate for damage caused by damage to tools, equipment and property of the employer in accordance with regulations defined in Article 129 of this Code; employees have the right to know the reason for the deduction of their wages.

The monthly salary deduction must not exceed 30% of the employee's monthly actual salary after deductions for payment of compulsory social insurance, health insurance, unemployment insurance and personal income tax.

Accordingly, the company is only allowed to deduct the employee's salary to compensate for damage caused by damage to tools, equipment and property of the company according to the provisions of Article 129 of the Labor Code 2019. The fact that the company deducts the employee's salary with the missing amount to make up for the contract rate of 650,000 VND/day is a disadvantage for the illegal employee.

To protect their legitimate rights and interests, employees need to report to the grassroots trade union organization, the Department of Labor - Invalids and Social Affairs for help, support, and recommendations to the company to consider and re-establish the regulations on salary, bonus and contract level in accordance with the provisions of law.

According to Government Newspaper.