The contract salary does not match the actual salary. 200

If the wages in the labor contract are inconsistent with the actual wages, the employer may be required to perform the wages agreed in the labor contract. If the employer refuses to perform the labor contract, the employee may terminate the labor contract and request the employer to pay severance payments. The relevant legal provisions are as follows:

Article 38 of Chapter 4 of the Labor Contract Law of the People's Republic of China on the Termination of Labor Contracts Article 38 An employee may terminate a labor contract under any of the following circumstances: (2) the employee fails to pay labor remuneration in full and in a timely manner; Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year.

where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

There are two situations in which the contracted wages are less than the actual wages paid, and the other is that the contracted wages are more than the actual wages paid.

If the contract wage is less than the actual wage, it means that the two parties have negotiated it, or because of the change of the employee's job position, or because of the increase in the workload of the employee, the employee will not have an opinion. Since the employer has already paid wages to the workers, there will be no objections. This situation is also legal and does not violate the law.

It is estimated that the contract wages are more than the actual wages paid, and the workers have objections. Except for special circumstances such as withholding pension insurance and individual income tax, the employer's practice is illegal, and the employee may request the employer to make up the wages agreed in the contract.

If the employer refuses to make up the wages, the employee may request the termination of the labor contract, file a complaint with the local labor management department, and apply to the local labor arbitration commission for arbitration. It will definitely be resolved.

Labor Contract Law:

Article 17 The labor contract shall have the following clauses:

6) Labor remuneration;

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.

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.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

2) Failure to pay labor remuneration in full and in a timely manner;

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;

Wage Payment Regulations" 15The employer shall not deduct the employee's wages. Under any of the following circumstances, the employer may withhold the employee's wages:

1) 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 employee;

3) Child support 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.

The judicial interpretation of China's labor law stipulates that unless compensation or compensation is required for violation of the terms of the signed contract, the labor contract shall be executed in accordance with the terms of the contract if it is clearly stipulated.

The company's contract is only for the purpose of underpaying and underpaying five insurances and one housing fund, you can find a local lawyer to consult the specific content, and then you can negotiate with the company, if not, you can go to the labor arbitration department to appeal or go to the court to sue.

1. What should I do if the contract salary does not match the actual salary?

1. If the contract wage is inconsistent with the actual wage, you can complain to the labor inspection department or apply for labor arbitration. If the employer still does not comply with the labor contract, the employee can go to the labor arbitration commission to request arbitration and pay the wages according to the wage standard stipulated in the labor contract.

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, 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.

2. What are the components of wages?

Gross salary is made up of the following:

1. Hourly wages;

2. Piecework wages;

3. Bonuses; 4. Allowances and subsidies;

5. Overtime and overtime wages.

It is illegal for a contract to be inconsistent with reality. If there is a discrepancy between the amount of wages agreed in the employment contract and the actual amount paid, the employee should usually pay attention to collecting evidence. Most of the units pay wages through the bank, and the bank statement of each month should be kept to pay attention to, and when there is a dispute, you can directly go to the bank to print the salary statement.

If the employer is more cunning and only pays the amount of wages stipulated in the labor contract through the bank, and pays other actual wages in cash, then the worker should also pay attention to keeping the signature** or salary slip when receiving cash.

It is legal to transfer wages through WeChat. Employers shall pay wages to employees on time and in full. There is no provision on the form of wage payment, and you can stipulate the form of wage payment in the labor contract, such as cash, bank card, WeChat, etc.

According to the regulations, the economic and business transactions of the enterprise need to be carried out through bank transfer, which is convenient for supervision, but in actual operation, if there are indeed special circumstances, cash transactions or Alipay transactions are required, and the relevant original vouchers are retained, and there is a reasonable explanation for the wages paid are also truthfully declared in accordance with the regulations, so even if it is WeChat transfer to pay wages, it can also be legal.

Second, how to open a salary certificate if the insurance company does not give it.

If the employer fails to pay and provide the wage details (pay slips) on time, the employee can report it to the local labor and social security inspection brigade.

Is it illegal for the company not to pay payslips?

The Labor Law stipulates that employees have the right to know and supervise the wage distribution plan stipulated by the enterprise, which means that employees have the right to know their own benefits and salary structure. Therefore, the failure of the company to provide pay slips is a tort.

Article 6 of the Interim Provisions on Payment of Wages stipulates that an employer may entrust a bank to pay wages on its behalf. 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 the employer pays wages, it shall provide the employee with a list of his or her personal wages.

The salary buddy should be a breakdown of the salary paid by the company to the employee for the current month, so that the employee can clearly understand the composition of his income. In the event of a dispute, the pay slip can be used as proof of income and other details of the employee's income in the company, and can also supervise the timely payment of wages by the company.

In addition, the salary slip can also reflect the total monthly salary of the employee in a more comprehensive manner, whether it is lower than the minimum wage standard, whether the enterprise has deducted the employee's endowment insurance, medical insurance, work-related injury insurance, unemployment insurance, housing provident fund and individual income tax from the salary, and let the employee supervise whether the unit deducts other items that should not be deducted. In the event of a labor dispute, the wage slip can be used as an important evidence for labor arbitration, and the employee should carefully keep it.

Legal analysis: 1. In the case that the employee commutes to and from work normally and completes the work task on time, if the salary received by the employee is less than the agreement in the contract, he can take the labor contract to the labor department to complain, or go to arbitration, and keep his own proof of payment, so as not to take advantage of the loophole to defend himself.

2. We should not allow the employer to manipulate this behavior, even if the initiative to pay wages lies with them. But as employees, we should not be afraid, we have to pay the fruits of our labor, and we have the right to get paid.

Legal basis: Labor Contract Law of the People's Republic of China 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 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 Zhengqiao 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 Analysis: The Salary on the Contract Does Not Match the Actual Salary: In practice, there are often enterprises that practice this:

A lower wage standard is agreed upon with the employee in the employment contract, and a higher wage is paid at work. The main reason why the employer does this is to avoid the responsibilities of paying social insurance premiums and calculating overtime pay based on wages as stipulated by law. However, this practice is not legal.

If there is evidence such as payment records to prove that the wages paid by the enterprise are inconsistent with the wages of the employment contract, in the event of a dispute, the arbitration institution and the court will uphold the actual salary refund. In this case, the worker must be careful to keep evidence of the amount of wages received. In order to protect their own interests, the employee may negotiate with the employer to change the labor contract and change the wages that are the same as the wages actually paid.

Legal basis: Article 8 of the Labor Contract Law of the People's Republic of ChinaWhen an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, work safety status, labor remuneration, as well as the employee's request to know about his or her hunger. 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 11 of the Labor Contract Law of the People's Republic of ChinaIf the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.