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Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12,333 <>
Complaints, which are those of the Human Resources and Social Security Administration. You can also file a complaint with the Labor Bureau's Inspection Brigade.
If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer 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, 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.
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In the case of wage arrears, you can also first file a complaint with the Labor Bureau, and if the complaint fails, you can apply for labor arbitration.
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When the company needs to delay 2 to 3 months to pay wages every month, employees are afraid that they will not get money after resigning and leaving. In such a situation, you can only choose to trust the company, and wait for 2 to 3 months to see if the company will directly pay the employee's personal account. For most companies, if they are not formal enterprises, they will be prone to arrears of wages when they pay wages every month, which will make employees feel that staying in such a company will only waste their time, so they will choose to resign, because employees are rushing to pay wages every month.
As an employee, you should first understand why there is always a phenomenon of arrears of wages in the company, and perhaps because some bosses are short of funds, they have to choose to press the wages of some employees first. Especially in the factory, some bosses live very tightly every day, because some of the bosses above do not pay for the project, so the boss who runs the factory has no money to pay wages to the workers. As long as the customer pays the boss, the boss will definitely pay the employee regularly.
Employees choose to resign if they disagree with their bosses in their company positions, and they will also worry that they will not get their previous salaries in the process of resignation. In fact, employees should not have such worries, and should realize that since the boss can afford to run the company, he can give employees enough wages. If you have not received the payment from the company for several months after resigning, you can go directly to the company to ask the leader about the reason for the delay in paying wages.
As a company, if you want to be able to develop for a long time, you must pay wages to employees regularly and fixedly. Although the boss's life is not easy, but think about it, some young people today rely on some meager income every month to support their lives. If the leader does not pay the employee, the employee will also find it extremely boring to work in such a place.
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I think that in such a situation, you must stop the loss in time, and I will not send you for two months, or even half a year, so I will leave in advance and reach out to him to ask for money, after all, I am on the side of reason, so I don't need to be too afraid.
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Personally, I think that at this time, I can take the initiative to ask the company for wages, I can communicate well with the leader, and if I still don't pay the salary, then apply for labor arbitration.
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If you do not work for a few days a month due to company reasons, the payment method of wages needs to comply with the company's system and corresponding laws and regulations.
First of all, the company should clearly stipulate the method of settlement of wages in the employment contract signed by the employee. If there is an express provision in the contract, it shall be executed in accordance with the provision. If there is no clear provision, it should be carried out in accordance with the laws and regulations of the country.
In China's labor law, there are strict regulations on employees' wages and social security contributions. According to the Labor Law of the People's Republic of China, if an employee does not go to work due to reasons attributable to the company, he or she shall be paid wages in accordance with the wage standard or average wage stipulated in the labor contract or the wage payment system. If there is no provision, wages should be paid according to the average wage of the labor sourcer for the past month.
In this case, the average wage should be calculated based on the actual number of days worked, not the number of days worked under the contract.
In addition to paying wages according to the prescribed wage rate, the company can also pay wages according to the actual number of days worked. This requires the company to calculate the number of days of actual work, and then multiply the proportion of the actual number of days worked to the total monthly salary to obtain the actual amount payable to the employee. If this approach is used, the company needs to ensure fairness and transparency in the calculations, and at the same time remind employees to keep an eye on their wages and social security contributions.
It should be noted that no matter which method is adopted, the company needs to publicize the calculation method of wages and publicize it on the company's notice board or employee group, so as to protect the employees' right to know, rights and interests, and the legitimacy and legitimacy of the labor contract.
To sum up, when the company does not work for a few days a month due to company reasons, it should pay wages in strict accordance with relevant laws and regulations and contract agreements to ensure that the rights and interests of employees are not affected. At the same time, the company should also inform employees of the salary calculation method, so that employees know their salary and related social security contributions. This is also conducive to the harmonious coexistence between enterprises and employees.
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Summary. Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China stipulates that 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, 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. Article 77 of the Labor Law of the People's Republic of China provides that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit in accordance with the law, or may resolve it through negotiation.
Wei Nai smiled] You are at a loss, the following is the relevant content I found for you, if you have no salary for half a month, the worker can ask the employer in time; If the agreed payment deadline is not reached, you can ask for it again when the deadline expires; If the employer fails to pay within the time limit, the employee can claim it by applying for mediation, arbitration, etc.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China stipulates that 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, 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 employee's labor remuneration 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) Termination or failure to pay economic compensation to the worker in accordance with these Regulations.
Article 77 of the Labor Law of the People's Republic of China provides that in the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, or initiation of litigation in accordance with the law, or may resolve it through negotiation.
The company has not given me half a month's salary, what should I do?
Workers can apply for mediation, arbitration, etc.
I had a temporary job at home, and then I didn't go to work, and then the company said that if I didn't go to work, I wouldn't get paid.
Hello, how was the contract written, whether it was billed daily or monthly?
I didn't read the contract.
I worked there for a year, and then I went home during the Chinese New Year, and I didn't go because of something at home, and I didn't pay my salary for half a month.
You can apply for labor arbitration or sue the company.
Can I get a salary application from the labor department in my case?
OK. What should I do if the factory doesn't give it? Indict.
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Summary. Kiss Answer:! <
If the company fails to pay the remuneration within the statutory time or the agreed time, the employee has the right to request the company to pay the remuneration according to the statutory time or the agreed time.
If you don't go to work for three days, the company won't pay you when it's time to pay your salary, and then you go to work for three days and the company doesn't have it.
Kiss Answer:! <
If the company does not have such a balance to pay the labor remuneration according to the statutory time or the agreed time, the employee has the right to request the company to pay the labor delay compensation according to the statutory time or the agreed time.
According to the provisions of the Labor Contract of the People's Republic of China, the labor service provider shall pay the labor remuneration according to the statutory time or the agreed time.
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In the above circumstances, if the employee requests the company to pay labor remuneration, the company also has the right to require the employee to pay liquidated damages or compensation for dust and emptiness. In addition, the worker can also seek compensation from the local labor administrative department or the civil court.
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Summary. Hello dear, In the case of pressing a month's salary, it is not that a month's salary is not paid, but that the current month's salary will be paid before the end of next month. It is okay to pay the previous month's salary in the current month, but it is illegal to cross months; If the company is in arrears of wages, the worker can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit.
Hope it helps.
I went to work at the company on the 6th, and I was paid a month's salary every month, but I didn't pay it when the time came.
Hello dear, In the case of pressing a month's salary, it is not that a month's salary is not paid, but that the current month's salary will be paid before the end of next month. It is okay to pay the previous month's salary in the current month, but it is illegal to cross months; If the company is in arrears of wages, the worker can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit. Hope it helps.
Hello dear. <>
I went to work on the 6th, and my salary was paid once a month, but I didn't pay it on the 30th of this month.
If you start work on the 6th of this month, your current month's salary will be paid until the next month. <>
<> I should be paid for 24 days.
If you work on the 6th of the previous month, then you should be paid 24 days of wages in the previous month, if the company still does not pay you wages in this month, it is recommended that you can apply for legal protection to the labor department to apply for labor arbitration.
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You need to protect your rights and interests according to your specific situation.
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You can go to the local labor inspection brigade to complain and ask for a solution. In accordance with the provisions of the Labor Law, wages are paid on a monthly basis. The salary of the previous month can be paid in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit.
Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 91 of the Labor Law stipulates that if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: 1) Deducting or defaulting on the wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers at a rate lower than the local minimum wage standard; (4) Failure to provide economic compensation to the worker in accordance with the provisions of this law after the termination of the labor contract.
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