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Clause. 1. How does your labor contract stipulate wages, if the salary stated in the contract is 100% of the original salary you should pay every month, then the company is illegal.
Clause. 2. If the salary stipulated in the contract is not the monthly salary you should pay, but the local minimum wage (which many companies write), and 80% of your salary is higher than the local minimum wage, then the company is not illegal.
Clause. 3. If 80% of your salary is less than the local minimum wage, the company is breaking the law, no matter how the contract is written.
Labor Contract Law of the People's Republic of China
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
If the company violates the law, you can leave your job and then go through legal channels to get your wages back.
If the company doesn't break the law, you won't get that 20%, don't miss out on good job opportunities, don't worry about those.
Good luck!
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Hello, the act is illegal! You can go to the Labor Dispute Arbitration Commission to apply for arbitration settlement!
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Legal analysis: It is illegal for the company to pay only half of the salary, and the employer shall pay the company in full according to the agreement. The employer's illegal acts can be reported to the local labor inspection department. At the time of resignation, the employer may also be required to pay the full amount of wages due.
Legal basis: Labor Contract Law of the People's Republic of China
Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the content of the work, the conditions for working in the work, the working conditions, the working place, the occupational hazards, the production safety status, the labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.
Article 29 The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner.
Article 3 The employer and the employee may terminate the labor contract if they reach a consensus through consultation.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Analysis of the law of the Law and Laughter Department: The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. If the employer is in arrears or fails to pay the full amount of labor remuneration, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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The company only pays 70% of the salary, the remaining 30% does not say when it is illegal, only 70% of the salary is paid in a month, and the remaining 30% is paid at the end of the year, if the work is not at the end of the year, then the 30% will not be paid, this practice is definitely unreasonable, that is, the boss wants to reduce his own costs through time, after all, many companies now, every year there will be some people who are unable to work for more than a year, some months will be gone, some more than half a year is here, the 30% salary is not a small amount, Assuming a person's monthly salary is 6,000 yuan, about 2,000 yuan will be deducted every month, and working for 6 months is 12,000 yuan.
Of course, there is a special situation in this, that is, it is not your basic salary and commission salary that is deducted, but only the part of the performance or bonus that is pressed, and this situation will not be in violation of the rules, after all, the salary structure of performance and bonuses is dispensable, some companies have, some companies do not, this is based on the company's internal business situation, sometimes more and sometimes less, it is the company's other salary Fubi is blind.
For example, your negotiable salary is 6,000 yuan, and the company has set up a bonus pool, if you reach a certain goal, you can divide the bonus, this money may not be paid every month, but it will be recorded, and it will be issued at the end of half a year or the end of the year.
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Illegal, wages must be paid at one time, and if they are not paid, the reason and time must be clearly explained.
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According to the inquiry, Zhihu Ying Lianghe learned that the public scum only distributed 70% of the salary, and the remaining 30% did not say when it was illegal, and the labor law stipulates that no wages shall be deducted or owed to workers without reason.
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The unit may not stipulate that wages will not be paid in violation of the law. As long as the employee has an employment relationship with the company, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract, even if the employee has caused losses to the employer. The compensation for economic losses can be deducted from the wages of the workers themselves.
However, the monthly deduction shall not exceed 20% of the employee's salary for that month.
Article 6 of the Interim Provisions on Payment of Wages shall be paid by the employer to the person who dismantles the worker. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf. The employer may entrust the bank to pay the wages on behalf of the employer.
The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages. Article 17 of the Interim Provisions on Payment of Wages An employer shall, in accordance with these Provisions, formulate an internal wage payment system through consultation with the workers' congress, the workers' congress or other forms, inform all the employees of the unit, and at the same time report to the local labor administrative department for the record.
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