Is it illegal for the employer not to give a pay slip?

Article 6 The employer shall pay the wages to the worker. If the worker is unable to receive wages for any reason, his relatives or entrusting others**.

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.

It can be seen that pay stubs must be issued to employees. As for the question of whether to pay pay stubs to employees, I believe everyone has already understood.

At present, many enterprises are using electronic payslips to save paper and paperless office, and there are the following ways.

There are several main ways to e-pay slips:

SMS method:

The text message is limited to about 70 words, and the push form is relatively simple, and there is no way for the accounting staff to view the original salary slip in real time for real-time feedback.

E-mail method:

For example, for enterprises that integrate production and sales, most of the front-line operators of production do not have the habit of receiving mail and the convenience of checking email. In this case, this method is difficult to operate.

If the employer does not pay the wage slips, it will not be suspected of violating the law, but it will constitute an infringement on the employee. In the event of a dispute, the pay slip can be used as proof of the employee's income and other details in the company, and if the employee needs to know the content of his or her pay slip, he or she can ask the employer to provide it.

Is it illegal for a company not to pay payslips? Why is it illegal?

Legal analysis: It is illegal for the company not to give pay slips. The company is required to 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 more than two years for future reference.

And to provide employees with a personal salary list, so the company needs to give employees salary slips according to the regulations.

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.

It would be illegal for the employer not to give a pay slip. The employer needs to record the amount and time of payment of wages to the employee in writing, and provide the employee with a list of personal wages. Workers also have the right to request timely provision from the employer.

Legal basis] Article 5 of the Interim Provisions on Payment of Wages.

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

Article 6. The employer shall pay the wages to the employee. 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 record in writing the amount, time, name and signature of the recipient of the worker's salary, and keep it for more than two years for future reference. The Senqiao employer shall provide the employee with a list of his or her personal wages when paying wages.

It would be illegal for the employer not to give the wage slip, and the employer must record the amount and time of the payment of the employee's wages, the name and signature of the recipient, and keep it for more than two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages.

Legal basis] Paragraph 3 of Article 6 of the Interim Provisions on Payment of Wages, the employer must record in writing the amount and time of payment of wages to employees, the name and signature of the recipient, and keep it for more than two years for future reference. When paying wages, the employer shall provide the employee with a list of the wages of the individual who has failed in his or her years.

The Labor Law stipulates that employees have the right to know and supervise the wage distribution plan prescribed by the enterprise. That is, employees have the right to know what their benefits and wages are made of. Therefore, it is a tort for a company not to provide wages.

Article 6 of the Interim Provisions on Payment of Wages stipulates that an employer may entrust a bank to pay wages. The employer must record the amount, time, name and signature of the recipient in writing of the amount of wages paid to the employee, and keep it for more than two years for future reference. When the employer pays wages, it shall provide the employee with a list of individual wages.

The above-mentioned laws and regulations clearly state that employers must provide wage slips to employees, and employees have the right to know their benefits and salary structure. Therefore, if the employer refuses to provide the employee's salary slip, it is an infringement to only provide the employee with the salary amount.

Article 5 of the Interim Provisions on the Payment of Wages stipulates that wages shall be paid in legal tender and shall not be paid in kind or in lieu of currency. Therefore, it is illegal for some businesses to pay wages or deduct part of wages in non-monetary forms such as gifts, vouchers, credit cards, etc. In addition, it is very important for employers and workers to keep pay slips; The pay slip can not only record the amount of wages paid, but also serve as one of the important documents for labor arbitration.

If the employer deducts or defaults on the employee's wages and remuneration without reason, the labor and social security administrative department shall order the employer to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract. If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable.

Employees can put forward suggestions to the company through the labor union or the employee collective, and urge the establishment and improvement of the wage payment system.

Legal basis: Labor Law of the People's Republic of China

Article 1 This Law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.

Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.