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It depends on which unit you work in (what kind of unit).
Some units will pay one month's salary if they have worked for half a month, but if they do not work for half a month, they will not be paid for half a month, or they will be paid wages according to the number of days.
Some units pay a few days' wages after a few days of work (some public institutions and most enterprises).
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It depends on the company's system and regulations, as well as the contract you sign, our company was also very dark before, and the department that can learn a lot of things, new employees will sign a contract when they enter the company, and those who go within half a month can not get a salary, and a person who walks within a general salary. In a private company like this, after signing this kind of contract, it is normal for you to leave and not get the money. I can only consider myself unlucky.
However, if you do not have such a contract or agreement with your company. You have a salary for the last day's work, you can report it, **ah, don't give up if you don't get your salary, you are serious, those vicious bosses will be afraid of you! Good luck.
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As long as you put in the work, you should be paid. If the boss doesn't give it, he will go to the labor inspection brigade to sue him!
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It depends on what you are, legally speaking, you are paid no matter what.
But in fact, if you make a serious mistake, the employer will not pay you.
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It depends on your unit, ah, it may or may not be sent.
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In principle, one day's salary should be paid for one day's work
However, there are some people who make excuses to support their salaries
Let's try to fight for it
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Okay, if you don't do the basic unit on a monthly basis, then take the day as the basic unit to pay the salary.
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Regardless of whether the labor contract is signed or not, the corresponding labor remuneration needs to be paid. If the worker has paid the labor, the employer shall pay the wages in accordance with the law. It is illegal for an employer to deduct wages, and the employee can file a complaint with the local labor inspection brigade or apply to the labor dispute arbitration department for arbitration.
Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or owed without reason.
Article 30 of the Labor Contract Law: The employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.
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Whether it is incumbent or resigned, whether it is unjustified arrears of wages or non-payment of wages, we should first communicate and negotiate with the main person in charge of the company through normal channels, find out the reasons for arrears or non-payment, and then choose a reasonable way to deal with it. If the communication and negotiation fail, and the law is taken up to protect the legitimate rights and interests, the worker can file a complaint with the Supervision Brigade of the Labor Bureau. If the payment is not made within the time limit, the employer may be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable.
Legal basis. Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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Legal analysis: 1. The employee can terminate the contract. The law stipulates that if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract.
2. Require the employer to pay compensation. 3. Duan Zheng applied to the court for a payment order. 4. Apply for labor arbitration.
Legal basis: Article 38 of the Labor Contract Law: 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 workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations by directing or forcing the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the repentant employer.
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Legal analysis: If you work for less than a month, you also need to be paid. As long as there is a factual employment relationship, the employer must pay the corresponding remuneration, regardless of whether there is an employment contract or whether the employment contract is valid.
If the unit refuses to pay the money, it can go to the local labor inspection brigade with jurisdiction to report and complain and demand the arrears of wages. The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development.
The state implements macroeconomic regulation and control over the total amount of wages.
Legal basis: Article 20 of the Labor Contract Law of the People's Republic of China The salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.
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Legal analysis: Yes, the salary is calculated according to the actual attendance day The salary during the probation period is not less than 80% of the salary of the labor contract, and it is not lower than the local minimum wage.
Legal basis: Labor Contract Law of the People's Republic of China Article 20 The salary of an employee during the probationary period shall not be lower than the minimum wage of the same position in the employer or 8% of the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.
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Yes, the salary is calculated according to the actual attendance day, and the salary during the probation period shall not be less than 80% of the salary of the labor contract, and shall not be lower than the local minimum wage.
1. The salary during the probation period shall not be less than the amount of the labor contract.
The salary during the probationary period cannot be less than the amount of the employment contract.
The salary during the probationary period shall not be less than 80% of the labor contract and shall not be lower than the minimum wage standard of the place where the employer is located. Wages shall be paid to the worker in monetary form on a monthly basis. During the period when an employee is entitled to annual leave, home leave, marriage leave, or bereavement leave in accordance with the law, the employer shall pay the employee wages according to the standards stipulated in the labor contract.
The employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.
2. How to calculate sick leave pay?
The general rule of sick pay is that it must not be lower than 80% of the minimum wage in the company's location, although some regions also have specific provisions for the calculation of sick pay.
Therefore, when calculating sick pay, it is best for enterprises to first look at the regulations on sick leave pay in the place where the company is located, and then calculate it according to the above general provisions if not.
The announcement of the Shanghai Municipal Labor and Social Security Bureau on the calculation of sick leave pay stipulates that the base of sick leave pay shall be determined in accordance with the following three principles:
1. If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position of the employee as agreed in the labor contract. Where the standards set in the collective contract are higher than those agreed in the labor contract, they are to be determined in accordance with the standards of the collective contract.
2. If the labor contract or collective contract is not agreed, the employer and the employee representatives may determine the wage through collective negotiation, and the result of the negotiation shall be a collective wage agreement.
3. If there is no agreement between the employer and the employee, the calculation base of the holiday salary shall be determined by 70% of the monthly salary of the employee's normal attendance.
In addition, the holiday wage base calculated according to the above three principles shall not be lower than the minimum wage standard stipulated by the city.
Article 20 of the Labor Contract Law of the People's Republic of China stipulates that the salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.
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1. What should I do if I don't get paid for half a month?
1. Negotiate and settle.
2. Report to the labor administrative department (usually the labor inspection brigade of the district where the erection is located).
If the employee fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately request the company to pay the employee's arrears of wages and 25% of the arrears of wages.
3. You can also apply for arbitration directly.
Second, the company does not pay wages to complain
1. Complain to the labor bureau where the employer is located.
2. Complain to the labor arbitration commission where the employer is located.
3. Lautan's movers need to pay attention to the rights protection of wage arrears:
1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.
2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.
3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.
4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.
If there is anything you don't understand, please feel free to consult one of our lawyers.
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