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The Interim Provisions on the Payment of Wages are formulated to regulate the payment of wages by employers through the right to obtain remuneration for labor. It is applicable to enterprises and individual economic organizations (hereinafter referred to as employers) within the territory of the People's Republic of China and workers who have formed labor relations with them. Wages refer to the wages and remuneration paid by the employer to the employee in various forms in accordance with the provisions of the labor contract.
Legal basis] Article 1 of the Interim Provisions on Payment of Wages.
These Provisions are formulated in accordance with the relevant provisions of the Labor Law of the People's Republic of China, in order to safeguard the right of workers to obtain labor remuneration through labor and to regulate the wage payment behavior of employers.
Article 3. The wages mentioned in these Provisions refer to the wages and remuneration paid by the employer to the employee in various forms in accordance with the provisions of the labor contract.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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China's laws and regulations on wage payment clearly stipulate that wages shall be paid to workers in the form of money on a monthly basis, and wages shall not be deducted or owed to workers without reason. During statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with the law, the employer shall pay wages in accordance with the law. Wages shall be paid on a monthly basis, which means that they are paid on the date agreed between the employer and the employee.
In the case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. For those who are paid on an hourly and weekly basis, wages may also be paid on a daily or weekly basis.
For workers who have completed one-time temporary work or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.
Article 7 of the Interim Provisions on Payment of Wages.
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 those who implement a weekly, daily, and hourly wage system can pay wages on a weekly, daily, and hourly basis.
Article 50 of the Labor Law of the People's Republic of China.
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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The salary is paid for one month. However, employers that implement hourly, daily, and weekly wage systems can also pay wages on a monthly or weekly basis. For employees who have completed one-time temporary work or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.
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The Labor Law clearly stipulates that wages shall be paid to workers in the form of money on a monthly basis. The Interim Provisions on the Payment of Wages (Lao Bu Fa [1994] No. 489) issued by the Ministry of Labor also stipulate as follows: "Wages must be paid on the date agreed between the employer and the employee.
In case of holidays or rest days, payment should be made in advance on the nearest working day of KGI Chai.
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What is the timing of the payment of the prevailing general wage? The time of payment of the general salary is monthly, so it doesn't matter what kind of job it is? All kinds of work are paid once a month.
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According to Article 50 of the current Labor Law, wages shall be paid to the worker himself on a monthly basis in the form of money, and the wages of the worker shall not be deducted or owed without reason.
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Article 9 of the Interim Provisions on Payment of Wages (No. 489 issued by the Ministry of Labor No. 489) stipulates that when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is terminated or terminated.
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In fact, the law does not stipulate how to pay wages, and it is up to the employer to decide how to pay the wages, but as long as the time for receiving wages is exceeded, the worker can report to the labor department.
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A payroll cycle is a one-month period. The employer shall pay wages at least once a month. The specific date of payment of wages shall be agreed between the employer and the employee.
In the event of a statutory holiday, holiday or rest day, if the salary is paid through the bank, the payment of wages shall not be postponed; If wages are paid directly, wages shall be paid in advance. For employees who are blind under the annual salary system or whose wages are cashed according to the appraisal cycle, the employer shall pay the wages in advance every month at a rate not lower than the minimum wage, and settle the salary at the end of the year or at the end of the appraisal period. In the case of full-time employment, wages shall be paid at least once a month; The settlement and payment period of labor remuneration for part-time employees shall not exceed 15 days.
Wages shall be paid to the worker in monetary form on a monthly basis. ”
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The Labor Law clearly stipulates that wages shall be paid to the worker in the form of money on a monthly basis. The Interim Provisions on the Payment of Wages (Lao Bu Fa [1994] No. 489) issued by the Ministry of Labor also stipulates as follows: "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". To correctly understand the meaning of the Labor Law, wages should be paid on a monthly basis, and we should grasp these three points:
First, wages are paid at least once a month. During the month, the company can determine which day as the day of payment of wages is allowed, but it must be fixed. Where weekly, daily, and hourly wage systems are implemented, wages may be paid on a weekly, daily, or hourly basis.
Workers who have completed one-time temporary work or a specific job shall be paid wages upon completion of their tasks in accordance with the relevant agreements or contracts.
Second, wages must be paid on the date agreed between the employer and the employee. As long as the employer and the employee agree on the date of payment of wages, the employer must pay the salary on the agreed date every month, and cannot change it at will. For example, if the salary payment date agreed in the employment contract is the 5th of each month, then the salary on this day is paid monthly, and if there is a change in the month, it is difficult to guarantee the monthly payment.
For example, in March, it will be paid on the 5th, and in April it will become the 15th, and in May, it will become the 25th. In this way, from March to May, wages were owed for 10 days and 20 days respectively. Therefore.
In this case, the company's argument that wages will be paid on a monthly basis as long as they are paid on any day within a month is obviously wrong.
Case. Q: I got a job in a company, and the employment contract I signed stated that the 5th of each month was the company's payday.
At the beginning, the company paid wages on time in accordance with the regulations, but later, due to problems with the financial accounts, the company was not able to pay wages to employees on time on the 5th, to be precise, and then did not let the employees receive their wages before the 20th, and the specific wages were issued on which day after the 20th, it is not certain.
I thought that the labor contract clearly stipulated that the 5th day of each month was the payday, so I negotiated with the company's managers and demanded that the wages be paid on time every month, and asked for a certain amount of compensation for arrears of wages.
After listening to the company's leaders, I was also confused, whether I could appeal to the company?
Answer: The behavior of this enterprise is in arrears of wages. Enterprises have a wrong understanding of the provisions on monthly wage payment, and employees are at a loss in the face of corporate infringement because they do not understand the law.
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The Interim Provisions on the Payment of Wages specifically include:
1. The full text of the Interim Provisions on Wage Payment includes wage payment items, wage payment levels, wage payment forms, wage payment objects, wage payment time, and wage payment under special circumstances.
2. The wage payment method is mainly legal tender, and the payment cycle is generally once a month.
Gross salary is made up of the following six components:
1. Hourly wages;
2. Piecework wages;
3. Bonuses; 4. Allowances and subsidies;
5. Overtime and overtime wages;
6. Wages paid under special circumstances.
Hourly pay includes:
1. The salary paid according to the hourly work standard for the completed work, that is, the basic salary part;
2. Trainee salary (living expenses of apprentices) for new employees;
3. According to national laws, regulations and policies, due to illness, work-related injury, maternity leave, family planning leave, marriage and funeral leave, personal leave, family visit leave, regular leave, suspension of work and study, implementation of national or social obligations, etc., according to the hourly wage standard or a certain proportion of the hourly wage standard;
4. The skill wages and post (position) wages paid to employees by the units implementing the post skill wage system;
5. The social insurance premiums paid by the individual employees according to the prescribed proportion, the wages of the employees during the period of punishment, the wages of floating upgrades, etc.;
6. The salary of the staff of the government is registered for travel service, grade salary and basic salary; The worker's post salary, technical level (position) salary.
Wages paid in exceptional circumstances. Includes:
1. According to national laws, regulations and policies, wages paid according to the hourly wage standard or a certain proportion of the hourly wage standard due to illness, work-related injury, maternity leave, family planning leave, marriage and funeral leave, personal leave, family visit leave, regular leave, suspension of work and study, implementation of national or social obligations, etc.;
2. Additional wages and retained wages.
To sum up, the full text of the Interim Provisions on Wage Payment includes wage payment items, wage payment levels, wage payment forms, wage payment objects, wage payment time, and wage payment under special circumstances.
Legal basis]:
Article 3 of the Provisions on the Composition of Total Wages.
The total amount of wages refers to the total amount of labor remuneration paid directly by each unit to all employees of the unit within a certain period of time.
The calculation of gross wages shall be based on the total remuneration paid directly to the employee.
Article 4. Gross salary is made up of the following six components:
1) Hourly wages;
2) piece-rate wages;
c) bonuses; iv) allowances and subsidies;
5) Overtime wages;
6) Wages paid under special circumstances.
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Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the wages of the employee: (1) the individual income tax withheld and paid by the employer; (2) All social insurance premiums withheld and paid by the employer that should be borne by the worker; (3) The maintenance or alimony required to be withheld in court judgments or rulings; (4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.
Article 16 If the employer suffers economic losses due to the worker's own reasons, the employer may require the worker to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.
If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage. Article 17 An employer shall, in accordance with these Regulations, formulate an internal wage payment system through consultation with the workers' congress, the workers' congress or other forms of cooperation, inform all the workers of the unit, and at the same time make a copy of the report to the local labor administrative department for the record. Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers.
If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard. The standard of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
Article 19 In the event of a labor dispute between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. If the employer and the employee have established a labor service cooperative relationship, it shall sign the labor contract in accordance with the agreed standards, and clarify the salary and benefits, if it involves the deduction of performance wages, it is obviously an illegal act, and in specific cases, it shall be handled and determined legally in strict accordance with the provisions of the law, so as to avoid errors in the application of the law.
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The employer shall, in accordance with the contract or the provisions of the law, pay the wages and remuneration of the employee in full and in a timely manner. Generally speaking, the employer shall pay the employee the wages of the previous month on a fixed date of each month or the date agreed in the employment contract. 2. >>>More