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It is illegal to be in arrears for 10 days, and the labor law stipulates that the wages of workers must be paid in full every month, and the arrears cannot be deducted.
Legal basis] 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 wages may be paid on a weekly, daily, or hourly basis."
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According to the labor laws of our country.
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;
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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Is it illegal to be in arrears for 10 days? It is not illegal to be in arrears for ten days, because there may be some unexpected things that are difficult to predict, so it is not illegal to be in arrears for ten days.
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It is illegal to be in arrears for 10 days, and you can report this situation to the labor department, and the labor bureau will require the employer to rectify it.
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Ten days of arrears of wages is definitely illegal, and employees' wages should be paid on time and in full, and there should be no arrears, otherwise it is a violation of labor law.
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It's not illegal. It can only be said that wages are in arrears.
Then you need to understand it yourself.
If you don't give it, you will ask for it, and if you don't give it, you will complain.
If this can be reasonable, it will be reasonable.
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If the salary is only paid to you for 10 days, although it is inappropriate, it is not illegal, and some units also have difficulties, so it should be understood. As long as you don't have to be in arrears for a long time, it's fine.
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The law is a kind of constraint, and everyone cannot violate it.
If the company has a long reputation and pays wages on time, if it is a little difficult in capital turnover, explain to the employee that it will not be illegal to delay it for 10 days.
In real life, the law is the lowest line of defense, and it is generally the township rules and customs that become the norm, and sometimes the violation of the township rules and customs is not necessarily illegal.
In social interactions, we should abide by the contract, but we should also be humane, and it is unrealistic to use it rigidly.
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Ten days in arrears of wages. It's not illegal, but it's also an unethical thing to do. The best thing to do is not to owe someone else's wages. How? You should settle the company's sales for others.
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Wages should be paid in the current month or the following month.
If it is not paid in the next month, it is in arrears.
It is illegal to be in arrears of wages, one day in arrears, let alone ten days.
If wages are in arrears or withheld, the employee may negotiate with the unit to settle the issue.
If the negotiation fails, the employee may apply to the local district and county-level labor arbitration court (the labor arbitration court is located in the Human Resources and Social Security Bureau) for arbitration and request back wages.
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Is it illegal not to owe wages for ten days? Isn't it? Under normal circumstances, it is not illegal to be in arrears for ten days.
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Personally, I don't think it's illegal to be in arrears for 10 days, but it's just a breach of contract. This can only be resolved through negotiation with the boss, if it really doesn't work, report it to your local labor arbitration.
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Ten days of arrears of wages should not be considered arrears, but a few days late, arrears refer to the kind that repeatedly asks for and does not pay, and plays for more than several months.
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Even if it is illegal to owe wages for one day, this must be forgotten beforehand, and you must not go to arrears of wages, because arrears of wages will affect your reputation to a certain extent.
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Answer: It is illegal, and the labor law stipulates that the wages of those who have not moved must be paid in full on a monthly basis, and the arrears shall not be deducted.
Legal basis] 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 wages may be paid on a weekly, daily, or hourly basis."
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It is against the law, and the labor law stipulates that the wages of workers must be paid in full on a monthly basis, and no arrears can be deducted.
Article 7 of the Interim Provisions on Payment of Wages states that "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 wages may be paid on a weekly, daily, or hourly basis."
Generally, the specific date of payment is agreed by both parties, and there is no mandatory provision in the law. Then, as long as the employer pays once a month, it is legal, and there are no strict regulations as for the current month or the previous month, so as long as your employer pays your wages on time, even if the next month's salary is paid in accordance with the law.
After the establishment of the labor relationship, the employee pays the labor according to the agreement, and the company must pay the salary within the agreed time. However, some companies are in arrears of wages because of operational problems and the company's financial constraints are tight and cannot get wages for a while. If the money is not available, it is a violation of the rights and interests of the employee, and the employee can apply for labor arbitration.
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It is illegal to be in arrears of wages for 10 days, and the worker can apply to the labor dispute mediation committee of the unit for mediation. If the mediation fails, it may apply to the labor dispute arbitration commission for arbitration. It is also possible to apply directly to the Labor Dispute Arbitration Commission for arbitration.
If the applicant is dissatisfied with the arbitral award, he or she may directly file a lawsuit with the people's court.
[Legal basis] shoutedArticle 4 of the Law on Mediation and Arbitration of Labor Disputes.
In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
Article 5. If the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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It is not illegal to be in arrears for 10 days. However, if you want to get your wages back, you can solve it through civil litigation. The amount of arrears of wages can be filed, and there is no amount requirement.
According to the current relevant laws and regulations, the employer's wage arrears are illegal acts, and the employee can file a complaint with the local labor inspection department or apply for labor arbitration to protect his rights.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration
Article 1: In accordance with the provisions of the "Labor Law of the People's Republic of China" and the "Labor Contract Law of the People's Republic of China" and other laws, the labor remuneration to which a worker is due, including wages, bonuses, allowances, subsidies, wages for extended working hours, and wages paid under special circumstances, shall be deemed to be "the laborer's labor remuneration" as provided for in the first paragraph of Article 276-1 of the Criminal Law.
Article 85 of the Labor Contract Law of the People's Republic of China 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 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; 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 and failing to pay economic compensation to the worker in accordance with these Regulations.
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10 days of arrears of wages is considered a violation of the state law, no matter how long it is delayed, because there are relevant laws and regulations that on the day of resignation, the salary judgment should be settled. Workers who are owed wages can negotiate with the company quietly; The worker can file a complaint with the local labor bureau for labor inspection, report to the local labor department, and then present relevant evidence of the employer's infringement and submit the relevant materials to the labor department. The scope of acceptance is that all enterprises, institutions or other employers under the jurisdiction of the district that violate labor security laws and regulations are within the scope of acceptance of reports and complaints.
In addition, you can go to the local labor bureau and apply for arbitration to demand 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.
Legal basis: Article 91 of the Labor Law of the People's Republic of China.
If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to workers lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
OK. 12345 is a citizen**, designed to solve various problems for citizens. However, wage arrears are labor and employment issues, and it is recommended to go to labor arbitration in a more targeted manner.
If an employer owes an employee wages, the employee has three ways to request payment of wages: >>>More
If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life. If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is important if there is arbitration or litigation in the future. >>>More
You can call the policeIf the employer still fails to pay the wages after being notified by the labor bureau, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility. >>>More