Our company stipulates that wages will be paid on the 20th and notices will be issued on the 25th, b

Well, the law was said by that brother, that's right.

In practice, it is recommended that you first talk to the boss of the company (or someone who can do the idea of paying salary), and it will usually be given. If you don't give it. You can go to your local labor office for help.

If the Labor Bureau comes forward and pays the bills, then you should go to the Labor Arbitration Committee. Generally, when it comes to this program, it will be given. If you still don't give it, talk to them again, (remember to record, the kind with good sound quality) If they shirk any business difficulties, there is no excess capital turnover or any negative information, provide it to the reporter.

Then their company is facing closure ...

However, the last trick is a bad move that harms others and is not beneficial to oneself, and it is generally not recommended to use it if there is no deep hatred.

Finally, I would like to confirm that there is no suspicion of abetting in this information, and all the actions of the parties have nothing to do with their own remarks.

Interim Provisions on Payment of Wages".

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

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.

Under both legal provisions, you can claim back wages and additional compensation.

Go to the labor bureau and there will be someone to help you deal with it.

Whether the previous month's wages are paid on the 20th of each month is in arrears of wages also needs to be determined according to the actual situation of each place.

We can look at a labor dispute case in Shenzhen to see whether the payment of wages on the 20th is in arrears.

The specific case analysis is as follows:

A company in Shenzhen only paid last month's salary on the 20th, and the employee terminated the labor relationship with the company on this ground, and at the same time sued the company in court. After arbitration, first instance, second instance, and retrial by the High Court, the company ruled that the company needed to pay severance to the employee, that is, about 10,000 yuan.

There are 3 points in this case that we need to pay attention to.

1 Is it illegal to pay wages on the 20th of the labor contractThe labor contract signed by the company and the employee clearly states that the company's salary payment time is the 20th of each month. According to Articles 9 and 12 of the Regulations on the Payment of Wages to Employees in Shenzhen, it was determined that the two parties agreed in the labor contract to pay wages on the 20th of each month, which was invalid because it violated the law.

Even if the employee signs an employment contract and agrees to pay wages on the 20th, the company still has to pay economic compensation if the employee terminates the labor contract accordingly.

2. Late payment of wages is arrears of wages, some companies pay wages on the 10th, some pay wages on the 15th, or even on the 20th. What is the period of payment of wages in arrears?

Article 11 of the Regulations on the Payment of Wages to Employees in Shenzhen stipulates that if the wage payment cycle does not exceed one month, the agreed wage payment date shall not exceed the seventh day after the expiration of the payment cycle. According to this regulation, if the salary is paid for one month, the salary must be paid by the 7th of the following month.

It is illegal to pay wages on the 10th, 15th, and 20th of each month.

If the company has a valid reason, it can delay the payment of wages by 5 days, that is, the wages must be paid by the 12th of the following month. In the very special case of production and operation difficulties, the written consent of the labor union or the employee himself can be obtained at the latest on the 22nd. But this can only be used occasionally.

3 Is the case universal, if the company pays wages after the 7th, can it sue the company for compensation, which is a bit difficult. The Labor Law only mentions that wages are paid once a month, and wages can be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage system is implemented. In many regions, the regulations on the payment of wages do not specify a specific date.

Therefore, in the absence of provisions, it is not illegal to pay wages at the time agreed in the employment contract.

So don't think about taking advantage of this to work hard and get compensation.

In fact, the whole process from labor arbitration to the first and second instance is not short, and the energy consumed is definitely there. It is certainly difficult for ordinary workers to withstand such a process.

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Personally, I don't feel that it is in arrears, because the date of salary payment is different for each company, and if the company pays wages regularly on the date of payment, it is not in arrears.

This kind of behavior is a non-payment of wages, although most companies pay wages at the end of each month and pay wages for the previous month, but this behavior is illegal in law.

These few days are not considered arrears, and generally more than one wage payment cycle (one month) is in arrears, and now the labor bureau will not accept it.

Is the company's last month's salary paid on the 20th a wage arrears?

Dear, hello It does not belong to the arrears of wages under the Wage Arrears Law, which refers to the situation where the employer's wages are not paid in the next month due to force majeure and special difficulties in non-business operations are suspended after negotiation with the labor union. The employer and the employee will pay wages before the 20th of the following month, and the wages will be paid on the 20th (including the 20th).

Wages shall be paid on the date agreed in the labor contract, excluding force majeure factors, and the payment shall not be temporarily postponed due to business difficulties and the employer shall not be paid in the following month, if the employer does not pay the wages of the current month in the next month, it is a situation of unreasonable arrears of wages. Workers can file a complaint with the labor inspectorate, apply for arbitration of labor disputes, and apply to the people's court for a payment order if they have an IOU.

1. Apply to the people's court for a payment order.

According to Article 30 of the Labor Contract Law and Article 16 of the Labor Dispute Arbitration and Mediation Law, if an employer issues an IOU for wages to an employee or reaches a payment agreement to suppress the employee's failure to perform the payment obligation as agreed, the employee may directly apply to the people's court for a payment order. 2. Complain to the labor inspectorate According to Article 85 of the Labor Contract Law and Article 9 of the Labor Dispute Arbitration and Mediation Law, if the employer is in arrears or fails to pay the labor remuneration in full, it may file a complaint with the labor inspectorate, and the labor inspection shall accept it and order the employer to pay within a time limit; If the payment is not made within the time limit, it shall be ordered to pay compensation according to 50 to 100 percent of the amount in arrears.

1. What should I do if I don't pay my salary?

1. The solution to the salary has been delayed and not paid is as follows:

1) The employee can choose to terminate the labor contract and request the employer to pay severance compensation;

2) If the employee chooses not to terminate the labor contract, but continues to perform the labor contract, he or she may report to the labor administrative department;

3) If the wages are not paid within the time limit ordered by the administrative organ, in addition to the labor administrative department's order to pay the labor remuneration within the time limit, the employer will also order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount to be paid.

2. Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China.

Legal Liability for Failure to Pay Labor Remuneration and Economic Compensation in Accordance with Law] If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard of Jinjiqiao, the difference shall be paid; If the employer fails to pay Yedan within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of between 50% and 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 the provisions of this Law.

2. What evidence needs to be collected to ask for wages from the unit.

1. Evidence of the employer, such as the labor contract signed with the employer or the proof of the existence of a de facto labor relationship with the employer, salary slips, notice of termination or termination of labor relationship, attendance records, etc.;

2. Evidence of other entities, such as fee receipts of employment intermediaries;

3. Evidence from relevant social institutions, such as medical diagnosis certificate after work-related injury or occupational disease, reporting materials sent to the labor and social security department, and post office receipt, etc.

It may be that the company is afraid that the employee will leave suddenly, and the salary in March will be paid in May, and the salary in April will be hung. A lot of companies do that.

Summary. Occasional postponement is nothing, illegal talk is not enough, and the company delays the payment of wages, generally there are special reasons, such as the working hours are not calculated, the payment is not in place, and so on. Of course, if it is postponed every month, it means that the company's management is problematic, but it is not illegal.

Generally, as long as the salary of employees does not cross months, most of them can be accepted, of course, they can also give feedback to the trade union, so that the union can protect the rights and interests of employees.

Is it illegal for the company to arbitrarily delay the payment of wages on the 15th as written in the contract?

Hello, I am a consulting lawyer, I am reading your question, please wait for me a little longer Hello, I am a cooperative lawyer who consults, and if there are any legal questions that can be answered by the defeated brother here I have received your question, and there are many people who are currently consulting, please wait a while, I am helping you solve it.

Occasional postponement is nothing, illegal is not to be talked about, the company delays the payment of wages, and there are generally special reasons for repatriation, such as the working hours are not calculated, the payment is not in place, and so on. Of course, if it is postponed every month, it means that the management of the company is problematic, but it is not illegal. Generally, as long as the salary of employees does not cross months, most of them can be accepted, of course, they can also give feedback to the trade union, so that the union can protect the rights and interests of employees.

It is illegal to delay the payment of wages on the 15th, and the wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages should be paid in legal tender.

Payment in kind and in alternative currency** may not be made.

Interim Provisions on Payment of Wages".

Article 5. Wages should be paid in legal tender. Payment in kind and in alternative currency** may not be made.

Interim Provisions on the Payment of Wages

Article 7. Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.

Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.