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Penalties can be imposed according to the rules and regulations, but up to 20% of the month's salary will be deducted, and it will be illegal to exceed it.
Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract 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.
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Is it legal to pay the unit price of the contract for the payment application and the operation of the contract, but the information is not deducted from the salary? How much does he deduct from your salary? If it doesn't exceed 20% of your day, it's legal.
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It stands to reason that it is legitimate, because you did make a mistake in the contract, but there was no loss, and you should be able to deal with it as appropriate!
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If the payment application exceeds the unit price of the contract, but does not cause a loss, and the salary is deducted, I think it is reasonable, after all, it is your mistake that caused the company's loss, and it is reasonable to deduct a certain salary.
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The payment requisition exceeds the unit price of the contract, but does not cause losses, and the deduction of wages is also legal, after all, you have made mistakes, and you should be punished appropriately.
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If the payment application exceeds the unit price of the contract, but does not cause any loss, the deducted wages should be illegal.
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Wage is a type of wages, that is, the salary of the employee, which is the salary received by the employee in a fixed working relationship, and is the remuneration paid by the employer or the statutory employer to the employee in the form of money in accordance with the law, or the industry regulations, or according to the agreement with the employee. It is one of the main forms of remuneration for labor services. Wages can be calculated in different forms such as hourly salary, monthly salary, annual salary, etc.
In China, the following expenses borne by the employer or paid to the employee are not considered wages:
1) Social insurance premiums;
2) Labor protection fees;
3) welfare expenses;
4) One-time compensation paid upon termination of labor relationship;
5) family planning expenses;
6) Other expenses that are not part of the salary. In political economy, wages are essentially the value or ** of labor. Wages are an important part of the cost of production.
The minimum amount of wages is called the minimum wage, and there are various divisions of wages, such as pre-tax wages, after-tax wages, and incentive wages.
Labor remuneration is the consideration of the laborer's physical or mental work, which reflects the social value created by the laborer.
The total remuneration paid by the employer to the employee in the production process consists of three parts:
The first is monetary wages, which are all kinds of wages, bonuses, allowances, subsidies, etc., paid directly to workers by employers in the form of money;
The second is remuneration in kind, that is, various goods and services provided by the employer to the employee free of charge or at a price lower than the cost;
The third is social insurance, which refers to the unemployment, pension, personal life, medical care, family property and other insurance premiums paid by the employer directly to the ** and insurance departments for the workers.
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Article 10 of the Labor Contract Law stipulates that the establishment of.
A written labor contract shall be concluded for a full-time labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. Article 82 of the Labor Contract Law stipulates that:
If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. At the same time, Articles 6 and 7 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China also have corresponding provisions. In accordance with the above provisions, the starting time for calculating double wages is:
The next day after the expiration of one month from the date of employment, the deadline is: the day before the written labor contract is reconcluded. If the employer has not signed a written labor contract with the employee within one year from the date of employment, the starting time for calculating double wages is as follows:
The day after the expiration of one month from the date of employment, and the deadline is the day before the expiration of one year.
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1. Article 10 A written labor contract shall be concluded for the establishment of labor relations.
If the internal labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
2. Legal liability for failure to sign a labor contractArticle 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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Is it that the worker is unwilling to sign a labor contract, and the self-employed person (boss) has to pay double wages when the employee is dismissed? It means that if an employee does not sign a labor contract, he or she cannot use it, which is illegal.
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There are laws and regulations, but labor inspections, labor arbitrations and even the courts will not support you, the reason is very simple, enterprises can buy off various departments, and the leaders of the enterprises agree to give them money, but they will not give you wages, this is the status quo in China, and tomorrow will not be brilliant. It will take the efforts of our people to get there.
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The absence of wages in the labor contract violates the provisions of Article 17, Paragraph 6 of the Labor Contract Law, and is flawed, but it does not affect the legality, validity and legal effect of the labor contract that is being performed or has been performed.
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Failure to write wages in the contract is in line with the labor contract and has legal benefits.
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The contract is valid.
The Labor Contract Law stipulates that if the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate. If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.
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Wages are never written in labor contracts, so can it be said that all labor contracts have no legal effect?
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Of course it has the force of law.
The contract is agreed upon by both parties, and you didn't carefully read the terms and conditions when signing the contract?
If the salary is not specified in the contract, the salary has no effect on the contract.
However, each province has a minimum wage, and contracts below this amount are illegal.
If you are not satisfied with this salary, you can change to another one. As the saying goes, the tree moves the dead, and the man moves the living.
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A content that must be reflected in the labor contract stipulated by the state.
Article 17 of the Labor Contract Law stipulates that a labor contract shall have the following provisions:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
Secondly, an invalid contract under the Labor Law refers to an employment contract that does not meet the statutory requirements and cannot have the legal consequences expected by the parties. From this definition, it can be seen that the key to the validity of an employment contract depends on whether it meets the valid conditions prescribed by law.
1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;
2) The employer exempts itself from statutory liability and excludes the rights of employees;
3) Violating mandatory provisions of laws or administrative regulations.
In addition, if the labor contract is confirmed to be invalid and the employee has already paid the labor, the employer shall pay the labor remuneration to the employee. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the same unit.
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As long as the free and true will of both parties is expressed, and does not violate the prohibition of the law, the agreement is legal and valid. If you want to sign it, it is recommended to agree on the liability for breach of contract.
Types of salary agreements: There are six types of salary agreements: maximum salary agreements, middle-class agreements, security agreements, newcomer agreements, short-term agreements, and non-signing agreements.
Maximum salary agreement: Scope of application: senior management cadres of the company or particularly outstanding middle management cadres of the company.
Middle-class agreement: scope of application: middle-level management cadres and particularly excellent basic management cadres.
Guarantee Agreement: Scope of application: General employees.
Newcomer Agreement: Scope of application: New employees (In order to better understand the ability of new employees and their creativity in future performance, and to highly motivate and help new employees grow faster, the new employee compensation agreement will be implemented within one year of their employment.)
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Base salary.
Therefore, the labor contract signed with the employee only reflects the basic salary, which does not violate Article 17 of the Labor Contract Law, which stipulates that "the labor contract shall have the following provisions: (6) labor remuneration".
As for whether it is necessary to sign a salary agreement, it depends on the salary payment mechanism of the unit, which has legal effect and can be used as an annex to the labor contract.
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It is not illegal, but it is necessary to pay attention to the company's remuneration system and avoid situations where it is lower than the minimum wage, otherwise it is illegal. It is up to the company to decide whether or not to enter into a remuneration agreement. As long as the agreement is not illegal, it has legal validity.
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Most units exploit employees in this way, mainly for these purposes: 1. Insufficient base payment of social security and provident fund.
2. In the event of a labor dispute with an employee, pay less economic compensation.
3. When calculating overtime pay, it is calculated on a lower base.
4.Tax avoidance.
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1. The basic salary and post salary are relatively fixed, and the performance salary is a floating salary, which can not be specifically stipulated in the labor contract, and the worker can request to sign a supplementary agreement to agree on the performance appraisal plan and performance salary; 2. If a dispute arises due to unclear labor remuneration agreement, it can be renegotiated, and if the negotiation fails, it can apply for labor arbitration; 3. Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law In the event of a labor dispute, 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. Article 18 of the Labor Contract Law provides that if the labor contract is not clear on the standards of labor remuneration and working conditions, and a dispute arises, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.
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Labor contract wages are generally pre-tax wages.
Labor contracts can be drafted in their own format, and China's laws do not emphasize the uniform format of labor contracts. However, the conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.
An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.
According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China, a labor contract is an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, positions or duties, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits.
Therefore, the employment contract should be formulated in accordance with the necessary provisions of the labor contract stipulated in the Labor Contract Law of the People's Republic of China and the matters that the employer and the employee can negotiate and agree on.
The necessary clauses of the employment contract refer to the content that the employment contract must have as prescribed by law. In the case of mandatory clauses prescribed by law, if the employment contract lacks such clauses, the employment contract cannot be established. The first paragraph of Article 19 of China's Labor Law stipulates:
The labor contract shall be concluded in writing and shall have the following provisions: (1) the duration of the labor contract; (2) The content of the work; (3) Labor protection and working conditions; (4) Labor remuneration; (5) Labor discipline; (6) the conditions for the termination of the labor contract; (7) Liability for breach of labor contract. On the basis of the Labor Law, this article deletes the contents of labor discipline, conditions for termination of labor contracts, and liability for violating labor contracts, and at the same time adds working hours, work locations, and protection against occupational disease hazards.
1. The name, domicile and legal representative or main person in charge of the employer.
2. The worker's name, address and resident ID card or other valid certificate number.
3. The term of the labor contract.
4. Work content and work location.
5. Working hours, rest and vacation.
6. Labor remuneration.
7. Social insurance.
8. Labor protection, working conditions and occupational hazard protection.
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