Is it a violation for the boss not to pay the salary? Is it illegal for the boss not to pay his sala

It is an illegal act, and the boss does not pay wages, and he can protect his interests through legal means. Employees have the right to receive wages and remuneration for the actual working period, and the company's refusal to pay wages is illegal. Wage arrears can choose to protect their rights by filing labor arbitration.

According to the Criminal Law of the People's Republic of China:

Article 276-1: Crime of refusing to pay labor remuneration.

Where the payment of laborers' labor remuneration is evaded by means such as transferring property or escaping, or where there is the ability to pay but not paying laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.

According to the Labor Contract Law of the People's Republic of China:

Article 85: Legal liability for failure to pay labor remuneration or economic compensation in accordance with 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.

Extended Information: According to the Labor Contract Law of the People's Republic of China:

Article 47 Calculation of economic compensation.

Severance shall be paid to the worker according to the number of years of service in the employer 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 as 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 economic compensation to be paid to him shall be three times the average monthly wage of the employee.

The maximum period for which economic compensation may be paid 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.

Article 30 Remuneration for labor.

The employer shall, in accordance with the provisions of the labor contract and state regulations, 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 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 31 Overtime.

Employers shall strictly enforce labor.

Depending on the circumstances, it is illegal to fail to pay wages on time in the normal process of production and operation without justifiable reasons. If the employee violates rules and disciplines in the factory, and damages the object, the salary will not be paid temporarily.

Legal analysis: The employer generally only bears civil liability for arrears of wages, and the crime of refusing to pay labor remuneration refers to the act of evading the payment of the labor remuneration of the employee by transferring property, evading or other methods, or having the ability to pay but not paying the labor remuneration of the employee's brother, and the amount is relatively large, and the relevant departments still do not pay after being ordered to pay. where refusal to pay labor remuneration constitutes a crime, a sentence of up to 3 years imprisonment and a concurrent fine is to be given; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Legal basis: Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. The wages of the laborers shall not be deducted or deducted or the wages of the workers shall not be deducted or unjustified.

Article 7 of the Interim Provisions on Payment of Wages shall 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.

Legal Analysis: Illegal. Wages shall be paid to the worker in monetary form on a monthly basis.

Wages shall not be deducted or unjustifiably delayed. 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 laborer 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 compensation to the worker in accordance with these Regulations.

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

Article 10 Wages shall be paid to the laborers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.

Legal Analysis: Constituting the crime of refusing to pay labor remuneration. If an employer is in arrears of wages, if it constitutes a crime, it may report the case to the public security organ, and if it is determined that a crime is constituted, the procuratorate shall initiate a public prosecution. Wage arrears are subject to administrative penalties, and criminal penalties are accepted in serious cases.

Legal basis: Criminal Law of the People's Republic of China Article 276 Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or where the fine becomes serious, a sentence of between three and seven years imprisonment and a concurrent fine shall be given. Where a unit commits the crime in the preceding paragraph, the unit is to be punished for the leakage of money, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there are acts in the preceding two paragraphs, but have not yet caused serious consequences to Li Zhengran, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.