I am a student, I have been absent from work for 3 days, is the factory entitled to arrears of wages

If an employee is absent from work for three days, the employer has no right to default on the employee's wages, and if the employer is in arrears of wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

If an employee is absent from work for three days, wages will not be paid on the day of absenteeism, but the employer's stipulation that three days' wages will be deducted for one day of absenteeism is invalid and illegal.

Although the employer does not have the right to deduct wages other than the absenteeism, the employer may apply for labor arbitration or court litigation to demand the direct economic losses caused by the employee's absenteeism.

1. If you work for an employer, there are two ways to ask for wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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.

Absenteeism and unpaid wages are two different things. Absenteeism is subject to disciplinary penalties, and non-payment of wages is also punishable for violations of labor laws.

Legal Analysis: Not going to work in arrears of wages is not considered absenteeism. Workers can also claim financial compensation. If the employer fails to pay the remuneration in full and in a timely manner, the employee may terminate the labor contract (or resign).

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

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

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

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

3) Failing to pay social insurance premiums for laborers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

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.

Not considered absenteeism. Workers can also claim financial compensation.

If the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract (or resign). According to Paragraph 1 of Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee.

Article 38 of the Labor Contract Law provides that an employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

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

3) Failure to pay social insurance premiums for workers in accordance with the law.

Legal analysis: Answer: If you don't go to work without asking for leave, it is considered absenteeism, and the number of days you go to work is not considered wages, and the unit can ask yourself to bear the direct economic losses caused by absenteeism, and you can apply for labor arbitration if you don't pay wages.

Legal basis: Article 48 of the Labor Law of the People's Republic of China 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 In the case of any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) if the workers are arranged to work longer hours, they shall pay wages and remunerations not less than 150% of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged to take a compensatory rest in rotation, 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.

It's the boss's fault to owe employees wages, but if you don't go to work, it's your fault, and how can you get your salary if you don't go to work. It's better to find a way to fix it.

According to Article 1 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may unilaterally terminate the labor contract at any time and require the employer to pay economic compensation.

The employer may deal with it accordingly in accordance with the rules and regulations.

Labor Contract 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 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 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 the employer the amount payable at the rate of not less than 50% but not more than 100%.

Additional compensation to be paid by the mover: (1) Failure 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;

According to Article 38 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may unilaterally terminate the labor contract at any time and require the employer to pay severance payments.

The employer may deal with it accordingly in accordance with the rules and regulations.

Labor Contract 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 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 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 the employee 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;