I ve been working for more than a month, but when I started the fund, I said that I would give a mon

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;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for 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.

Formally speaking, it has violated the rights of our working people, but basically the working people choose to endure it silently.

Excessive wages are based on the misunderstanding of financial personnel, which is unjust enrichment, and is based on the wrong understanding of labor relations, and its source is labor relations, so the disputes arising should be handled by labor arbitration.

If the company wants to get back the overpaid wages, it should first negotiate and get it back through negotiation as much as possible, which has a lower time and financial cost. The second is by filing a lawsuit in court. The third is to apply directly to the Labor and Personnel Dispute Arbitration Commission for arbitration.

Please note that different regions have different opinions on the acceptance agency, so if your company really encounters such a problem, it is recommended to consult the local court and the labor and personnel dispute arbitration commission.

Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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 the removal or dismissal of a member of the Poor Family, or the resignation or resignation;

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

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

6) Other labor disputes as stipulated by laws and regulations.

According to the provisions, labor remuneration disputes fall within the scope of acceptance by the Labor and Personnel Dispute Arbitration Commission, although the scope does not specify whether the disputes frequently occurring by the employer are within the scope of acceptance, but in light of the legislative purpose of the Labor Dispute Mediation and Arbitration Law, Article 1 of this Law is enacted for the purpose of resolving labor disputes in a fair and timely manner, protecting the legitimate rights and interests of the parties, and promoting the harmony and stability of labor relations.

Disputes over unjust enrichment arising from labor relations are labor remuneration disputes, and being accepted by the Labor and Personnel Dispute Arbitration Commission is more conducive to protecting the legitimate rights and interests of enterprises and balancing the rights and obligations of both employers and employees.

Legal analysis: If the salary is paid on the 15th of each month, the first month's salary should be paid on the 15th of the next month, which is equivalent to saying that the company is pressing 15 days' salary, and when the resignation is good, the salary will also be counted together, and regular companies operate in this way.

Legal basis: "Regulations on the Administration of Housing Provident Fund" Article 24 If an employee has any of the following circumstances, he or she may withdraw the balance stored in the employee's housing provident fund account:

1) Purchasing, constructing, renovating, or overhauling self-occupied housing;

2) Retired or retired;

3) Completely incapacitating the ability to work and terminating the labor relationship with the employer;

4) Those who leave the country to settle down;

5) Repayment of principal and interest of housing loans;

6) The rent exceeds the prescribed proportion of the family's wage income.

In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, if the employee housing provident fund is withdrawn, the employee housing provident fund account shall be cancelled at the same time as the distressed socks.

If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the balance in the employee's housing provident fund account; If there are no heirs or legatees, the balance stored in the employee's housing provident fund account shall be included in the value-added income of the housing provident fund.

Legal Analysis: Workers have the right to work and receive labor remuneration equivalent to the work, and even if they have not completed one month, the employer shall pay their remuneration on a daily basis, and shall not be in arrears or refuse to pay.

Legal basis: 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 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 for an extended period of time, 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.

Summary. You can calculate for yourself, what is the salary in a month, how many days off, if it is 8 days off in a month, then it is calculated according to the 22 working days, and the total salary is divided by 22 days multiplied by the number of days worked, which is the salary you deserve.

The boss said that you haven't worked for a month, how can I calculate your salary, how much should I give you?

Hello, dear, I am Yan Xiaona, a co-teacher who asks questions, and I can help candidates come up with voluntary filling plans. It's a pleasure to serve you.

At the same time, I also do career counseling, and the boss you mentioned that you can't get paid for a month without working for a month, it's very simple, work for a few days and let the boss pay you a few days.

You can calculate for yourself, what is the salary in a month, how many days off, if it is 8 days off in a month, then it is calculated according to the 22 working days, and the total salary is divided by 22 days multiplied by the number of days worked, which is the salary you deserve.

Clear? I wish you success in defending your rights and interests.

Summary. Expansion and supplement: Article 91 of the Labor Law of the People's Republic of China If an employer infringes upon the legitimate 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law. Hope mine is helpful to you! Thank you, I did it for less than a month, and when I paid my salary later, I said that I wanted a salary, and I didn't do it now, and the salary could not come.

Dear, you don't have to worry too much about this issue, yes, yes, the salary can be returned, there is no doubt about this, if you go to court, I will pay the money or the mobile company.

In addition, according to the relevant policies of the hidden labor law, wages need to be paid on a case-by-case basis, and no unit or individual can deduct the wages of workers under any pretext.

In other words, if the other party deducts wages without reason, and you ask for it through litigation, the other party loses the lawsuit, and the other party pays the expenses, expand and add: Article 91 of the Labor Law of the People's Republic of China If an employer infringes on the legitimate rights and interests of an employee in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the employee, and may order the payment of compensation: (1) the wages of the employee are deducted or delayed without reason; (2) Refusing to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation for early filial piety in accordance with the provisions of this Law.

Hope mine is helpful to you! Thanks,

The answer to this question will vary depending on your company's payroll cycle. Typically, a company's payroll cycle is one week, two weeks, or one month, meaning employees need to wait for the appropriate amount of time to receive their pay.

For example, if a company's payroll cycle is bi-weekly, employees will have to wait two weeks before they can get their first paycheck after the first payroll cycle ends. If an employee's salary is settled monthly, then the employee will need to wait a month after the first month ends to receive their first monthly salary.

Therefore, to answer this question, it is necessary to know the company's payroll cycle and how long the employee will be onboarded in the company's payroll cycle. If you don't know the specifics, you can consult the company's human resources department or finance department.

If you resign after less than one month of work, you must also pay your wages according to your specific working hours, and if you do not pay your wages, it is an illegal act, and you can report to the local labor inspection department and ask them to pay their wages and give compensation.

According to Article 26 of the Regulations on the Supervision of Labor and Social Security, if an employer commits any of the following acts, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

Yes. Less than a month after joining the company, there is a salary for resignation. According to the relevant regulations, if the employer is notified in advance and the resignation procedures are met, the salary will be paid.

No matter how many days of work, the salary is the legal income of the employee, and after the employer dismisses or the employee resigns, the employer shall settle the salary, otherwise, it is an illegal act.

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

You can go to the local labor inspection and labor arbitration to report and ask the other party to pay off the labor income. The Labor Bureau will arrange for the other party to meet and negotiate together.

Don't worry, all the best to this friend who asks questions.

Illegal!! You can call the labor inspection brigade to report 12333, or you can apply for labor arbitration, and the information you need to prepare: 1Evidence of employment with the employer.

The new labor law requires that you be paid for one day's work.