-
The salary, deposit and economic compensation are settled in a lump sum at the time of separation. Employers are not allowed to make arbitrary deductions. Otherwise, the person concerned can report to the labor bureau.
When both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
In accordance with the Interim Provisions on Payment of Wages
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
In accordance with the provisions of the Labor Contract Law of the People's Republic of China.
Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
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.
-
If the employer refuses to pay the employee's wages, the employee may file a complaint with the local labor inspection department and request the employer to pay the arrears of wages.
If the employer deducts or defaults on the employee's wages, the worker may file a complaint with the Labor and Social Security Supervision Brigade against the employer.
When a worker goes to the labor inspection brigade to complain, he or she should bring his or her ID card, the full name of the employer, the name and contact information of the person in charge, and relevant evidence that can prove that the worker works in the employer, and the labor and social security inspection brigade shall issue a correction within a time limit. If the enforcement is not within the time limit, apply to the court for compulsory enforcement. At the same time, if the employee fails to make corrections within the time limit, the employee can claim that the employer pay you 50%-100% of the amount of wages in arrears (Article 26 of the Labor and Social Security Supervision Regulations).
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 delayed without reason.
Article 30 of the Labor Contract Law The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.
Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
-
If an employer owes an employee wages, the employee has three ways to request payment of wages:
1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request 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.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law 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 removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.
Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
-
1. According to Article 9 of the Interim Provisions on Payment of Wages promulgated by the Ministry of Labor, when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
2. If the employer does not pay, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.
3. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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.
4. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can apply to the court for enforcement.
-
If you can't negotiate, go to the labor bureau!
-
Absolutely not! Don't be stupid, quit your job, get paid, and then leave.
Gregorian calendar: August 13, 2011 at 13:16.
Lunar calendar: July 14, 2011. >>>More
The fate of centaurs born in August.
Ma was born in August, when the white dew, the skill and resourcefulness are outstanding, both civil and military, bold and weak-hearted, high morality and righteousness, emotional harmony, ambition, courage, everything gradually succeeds, stepping on the stairs, supreme auspicious, right and wrong, purple gas from the east, handsome talent, heroic talent. >>>More
Birthday (Gregorian calendar):
1987 year. >>>More
There are no scruples, don't worry to do it boldly, how can you still believe in these things.
The 11th day of the eighth month of the lunar calendar in 1990 is the sign of Libra. 1. Libra personality: Libra is a sign with idealism and realism, with a very simple heart, pursuing the most ordinary happiness, but too much right and wrong makes the heart lose its way. >>>More