Ask:
Sister A opens a small supermarket at home. Due to being busy with children, she had to hire a cashier. Due to the cashier’s responsibility to manage money, Ms. A was afraid that the employee would be dishonest, so Ms. A asked that person to give her identification papers to keep before she signed the labor contract. Does Ms. A have the right to do so?
Reply:
According to the provisions of Clause 1, Article 17 of the 2019 Labor Code, Ms. A is not entitled to keep the original identification documents of the person hired as a cashier. If you want to keep that person’s identification documents, you can ask that person to keep a photocopy of their identification documents or a certified copy. This is one of the acts that employers are not allowed to do when concluding and implementing labor contracts, including the following acts: Keeping original copies of identification documents, diplomas, and certificates of employees ; Require employees to provide security in money or other assets for the performance of the labor contract; Forcing employees to perform labor contracts to repay debts to employers.
