Legal analysis
Resident identity card is an important identity document for every citizen. The purpose of issuing identity cards is to prove the identity of citizens living in People's Republic of China (PRC) (China), protect their legitimate rights and interests and facilitate their social activities. Anyone who commits one of the following illegal acts of illegally detaining another person's resident identity card shall be given a warning by the public security organ and fined in 200 yuan: if there is illegal income, the illegal income shall be confiscated: if the resident identity card is obtained by using false certification materials; Renting, lending or transferring resident identity cards; Illegally detaining another person's identity card. No organization or individual may detain a resident identity card. However, unless the public security organs implement compulsory residential surveillance measures. Except the public security organs in accordance with the provisions of the Criminal Procedure Law, no organization or individual may detain a resident or resident identity card for a criminal suspect or defendant who may be sentenced to public surveillance, detention, independent supplementary punishment or fixed-term imprisonment or above. It is illegal for a company to detain a certificate when recruiting. Workers should pay attention to protecting their rights and interests and not be infringed by employers. In addition, when the probation period is agreed, legal weapons should also be used to negotiate with the employer.
legal ground
People's Republic of China (PRC) (China) Labor Contract Law
Article 9 The employing unit shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide guarantee or collect property from the employee in other names.
Article 84 Where an employing unit distrains the employee's resident identity card and other documents in violation of the provisions of this Law, the labor administrative department shall order it to return the employee himself within a time limit and punish him 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.