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The company has to deduct half a month's salary of employees every month, which is illegal and belongs to the behavior of deducting employees' wages.
According to 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 weekly, daily, and hourly wage systems are implemented.
Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate 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) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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This depends on how it is agreed in the employment contract signed by both parties at that time;
1. Generally, when the employee goes to work, when paying wages, it can deposit the wages for a few days or half a month;
2. The employer shall not delay or deduct the wages of the employee without reason, and shall pay the wages in full and in a timely manner;
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The company needs time to calculate the wages of the employees.
Our company starts to calculate the salary of the employees of the previous month on the 1st of each month, and the calculation is completed on the 4th and handed over to the finance, and the finance on the 5th pays the salary to the employee's salary card. If an employee leaves on the 5th, the company will pay the salary income before the 5th of the previous month on the 5th of the next month, which is not a deliberate withholding of the employee's salary, so it is legal. It may be that your company only calculated and paid the salary of the previous month on the 15th, which is a normal phenomenon and is not illegal.
However, if the employee leaves on the 15th and the company does not pay the 15 days' salary, it is illegal.
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Legally, the law stipulates that wages can be paid once a month, and the specific timing of payment is decided by the enterprise. Some things also need to be considered for the enterprise, if each enterprise does not bet some wages, the employees who leave will not fly all over the sky, and now there are so many irresponsible employees, the company can not do anything.
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Every company will stake the wages of the workers. However, the employment contract will state the date on which the remuneration will be paid.
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It's not legal, but you can't help it, you can only leave if you don't want to, but leave evidence, and there should be economic compensation after arbitration.
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No, it violates the provisions of Article 9 of the Labor Contract Law, and it is recommended to file a complaint with the Labor Inspection Brigade.
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Legal, and finally you'll be given it.
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Illegal. Yin Chenggang, a lawyer from Zongheng Legal Network.
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It is not legal for the company to pledge one month's salary. If the employer does not pay wages, the employee may report to the labor administrative department, which shall order the employee to pay within a time limit; 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. Wages shall be paid to the worker in monetary form on a monthly basis.
Wages shall not be deducted or unjustifiably delayed. If an employee encounters a salary arrears from the boss, he or she can negotiate and mediate with the boss privately before dispersing; If the negotiation fails, if the rubber digging is not reached, you can go to the labor administrative department to complain, and you do not need to pay fees or hire a lawyer; It is also possible to apply for labor arbitration; If none of the above methods can be solved, a civil lawsuit can be filed with the court. It should be noted that employees should collect and keep evidence such as salary IOUs and employment certificates in a timely manner to support and protect their legitimate rights and interests.
Legal basis: Labor Law of the People's Republic of China Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
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 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 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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Legal Analysis] There are two situations in which a company presses an employee's monthly salary: 1. If the employer's salary is to restrict itself from leaving (switching to another company) or as a deposit, it is illegal, and there is a reason to resolve the matter through the Labor Inspection Department. Second, if the company has this provision, and it is not to restrict or deduct the deposit, then the law does not have so many provisions, and the company can do so.
According to the relevant laws and regulations, 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 wages must be paid on a monthly basis if weekly, daily, and hourly wage systems are implemented.
If the agreed payroll date is exceeded, it shall be considered as arrears of wages. A request can be made for the company to pay wages on time and in full as required by law. It is the legal obligation of the company to pay labor remuneration on time, and the labor law does not stipulate that the company can press the employee's salary for one month, and the company's practice of pressing one month's salary is definitely a violation of the labor law.
When it comes to the specific date of payment of wages, it mainly depends on how the employment contract is agreed. Regulations may vary from place to place.
Legal basis] is quietly.
Labor Law of the People's Republic of China 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.
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I think it's reasonable, because the company is worried that employees will leave at any time, and the company does not leave a buffer transition time, or it may be caused by the company's financial and accounting settlement time. It is unreasonable because the employee has paid for the old man's work, so it is natural that the wages should be paid in full and in a timely manner, and the seizure should not be delayed.
The company's wage pressure is a constraint on employees, there are pros and cons, two-way choice, 1Prevent employees from leaving early, 2For the company, reducing wages is conducive to capital turnover.
This depends on the company's own regulations, and each company is different.
Personally, I think this is normal.
I have been to many companies, whether they are listed or small workshops, and more than 90% of them are pressed by one month's salary. Occasionally, it drags on for a few days.
I haven't really come across a company that pays a day for a day.
Yes, yes, but I haven't come across it yet, so you don't have to worry too much about this.
Every company has a system, and it is normal to press half a month's salary.
Thank you for this personal opinion, don't spray if you don't like it.
With regard to the payment of wages, both the Labor Contract Law and the Interim Provisions on Payment of Wages only talk about the cycle and model, that is, "both parties agree on the payment time" and "at least once a month". From the perspective of the implementation of laws and regulations, it is legal to delay it for half a month, let alone half a month. In the third, fourth and fifth-tier cities, the results are even more worrying, and I will not repeat them here.
There is no problem for workers to talk about labor compensation, but during the economic downturn, if it is not a particularly scarce industry or skill resources, you still don't have to care too much: raise your own skill strength, concentrate the resources at hand, and try to monetize channels, at that time, you may have to bet on other people's wages :)
Generally, small companies have such rules and regulations, which is reasonable in terms of law, but it is really not humane enough for the staff, but you are not a leader and cannot be changed.
There are pros and cons of the company's salary of employees, but the angle of standing is different, from the perspective of employees, it is definitely better to pay from month to month, and the boss is generally to keep employees, and there is to recruit new employees before employees resign.
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