Article 9 of the Labor Contract Law stipulates that the employer shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in other names.
Article 84 stipulates that if an employing unit violates the provisions of this law and distrains the resident identity cards and other certificates of workers, the labor administrative department shall order them to be returned to the workers within a time limit and punish them in accordance with relevant laws and regulations.
If an employing unit, in violation of the provisions of this Law, collects property from laborers by way of guarantee or other names, the labor administrative department shall order it to be returned to the laborers within a time limit and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person; If it causes damage to workers, it shall be liable for compensation.
If the employee dissolves or terminates the labor contract according to law, and the employer detains the employee's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 24 of the Opinions on Implementing the Labor Law of People's Republic of China (PRC) issued by the Ministry of Labor1August 4, 1995 (No.995309 issued by the Ministry of Labor) stipulates that when concluding a labor contract with the employee, the employer shall not collect the deposit or security deposit from the employee in any form.
The Notice of the Ministry of Labor on Prohibiting Employers from Charging Employees in Violation of Regulations (No.1995346 issued by the Ministry of Labor) stipulates that employers may not stipulate the content of individual contributions in the recruitment conditions.
The official reply of the General Office of the Ministry of Labor and the General Office of the State Economic and Trade Commission (No.Lao Ban Fa [1995] 150) to "Request for instructions on whether the employing unit should stop asking employees to pay mortgage or share shares" holds that in order to standardize the behavior of establishing labor relations between employers and employees according to law, Notice of the Ministry of Labor, the Ministry of Public Security and the All-China Federation of Trade Unions on Strengthening Labor Management of Foreign-invested Enterprises and Private Enterprises to Effectively Protect the Legitimate Rights and Interests of Workers (No.1 18 issued by the Ministry of Labor) and DocumentNo. [/ Kloc-0/938 Similarly, employers should stop collecting "labor contract deposit" and "use (contracting) mortgage of labor protection articles and production tools" from employees.