Can the unfinished performance paid by performance be deducted?

Case: Xiao Li is engaged in sales work in a food company in Beijing, and is paid according to performance. No sales performance, no salary. For two months in a row, Xiao Li didn't complete the total performance, and the company didn't give Xiao Li any salary. Xiao Li asked: Can the company deduct wages? If so, what are the criteria? Lawyer's comment: Article 4 of the Labor Contract Law stipulates: "The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that workers enjoy labor rights and perform labor obligations. When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing. In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation. The employing unit shall publicize the rules, regulations and major issues directly related to the vital interests of workers, or inform them. "It can be seen that it is legal if the company's rules and regulations of" deducting wages according to performance for unfinished performance "are formulated and passed by the trade union and all the workers' congresses (or workers' congresses), and the workers express that they are bound by the rules and regulations. Without this procedure, the company's rules and regulations are not binding on workers. In practice, the company should abide by the minimum wage when employees provide normal labor. All provinces or cities have a "minimum wage standard for employees on the job", and the actual monthly salary of employees shall not be lower than this standard. Even if the company's rules and regulations for punishing employees are legal and effective, the actual salary of employees after fines shall not be lower than the local minimum wage standard. To sum up, if the enterprise's labor rules and regulations and procedures of "deducting wages according to performance for unfinished performance" are legal and effective, employees must strictly abide by them. If the employee fails to complete the performance agreed in the labor contract, the enterprise has the right to deduct the performance salary, but the remaining amount after deduction shall not be lower than the local minimum wage standard. If the laborer refuses to accept the punishment, he may file a labor arbitration with the labor arbitration department according to law. Song Xiaofeng, Bachelor of Management, Master of Laws, lawyer of Beijing Daning Law Firm, mainly engaged in corporate legal affairs, real estate, labor disputes, litigation and arbitration of difficult cases, criminal defense and other businesses.