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The employer shall pay the wages for the actual number of days worked, and cannot refuse to pay because of the small number of days worked, and the employee can file a complaint with the labor inspectorate, **12333.
When filing a complaint with the Labor Inspection Brigade, the Labor and Social Security Inspection Brigade shall bring your 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 employee works at the employer, and the Labor and Social Security Supervision Brigade shall issue a correction within a time limit.
Legal basis: Article 18 of the Interim Provisions on Payment of Wages Article 18 Labor administrative departments at all levels have the right 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.
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.
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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 going to the labor inspection brigade to complain, bring the following information: the identity 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 employee works in the employer, and the labor and social security inspection brigade will 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 you fail to make corrections within the time limit, the employee can claim that the employer should pay you 50%-100% of the amount of wages in arrears.
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.
Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it 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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Did the employer sign a contract at the beginning, stipulating that he would not be paid wages for a few days of work, and if he violated the contract, he could sue him.
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Talk to the boss again, and if you still don't give it, you will directly call the labor bureau to report the arrears of wages of this unit.
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There is a salary settlement for 8 days of work.
The law does not stipulate that resignation or dismissal within a few days can be done without payment; During the probationary period, regardless of whether a contract has been signed or not, there is a de facto labor relationship, and the labor has been paid and the value has been generated, wages should be paid in accordance with the law and reason. Dismissal means that it is the company's initiative to pay wages. Generally, if a regular company dismisses an employee, even if it is only 3 days, the salary will be settled.
How many products were made in 8 days, how many were defective, how many were lost; Internal training enterprises cannot require workers to give training fees, and external training can be apportioned according to the contract period, only 8 days of service, how many days of the remaining contract period, and how much cost should be borne by employees; The social security that the company has paid for the employee, how much money the employee has to pay, etc. If it doesn't work again, take a step back. If there is a dispute, the supervision team can be allowed to mediate, or labor arbitration can be conducted to demand the settlement of wages.
Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it 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) Failure 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 the provisions of this Law.
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Under normal circumstances, no matter how many days you work, as long as you have a job, you should be paid, but if it is because of your personal bad reasons, the miner is late and leaves early, and other forms affect this attendance. For your personal reasons, according to the regulations of the other company, there may be such a reduction in wages.
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If the employer does not pay him wages because of the number of working days, he violates the law, and he can file a complaint with the Labor Bureau.
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This is, of course, illegal, and you should be paid no matter how many days you work, at least the local minimum wage.
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If the number of days of attendance is less than one month, wages shall be paid according to the actual number of days of attendance, and it is illegal not to pay wages.
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We know that there are relevant regulations for working in the company, and generally the employees who join the company have a certain period of probation and are only regular employees after the probation period. So is it legal for the company to be on probation for 7 days and not pay wages? The following is an explanation of the relevant content for the big infiltration loss, for your reference and learning, I hope it will be helpful to you.
Is it legal for the company to not pay wages for 7 days of probationary period?
It is illegal for the employer and the employee to agree that no wages will be paid for 7 days of labor, and as long as the employee has paid for the labor, the employee has the right to enjoy labor remuneration. Employees can negotiate with the employer first; If the negotiation fails, a complaint can be filed with the local labor inspection brigade, and the labor department will conduct a mediation of the imitation of the gods; In the event that the mediation fails, it can also apply for labor arbitration for adjudication. Employees can call 12333 for complaints related matters.
According to Article 50 of the Labor Law, wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Interim Regulations on the Payment of Wages
Article 7 Wages must be paid on the date agreed between the employer and the worker. 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.
Through the introduction, we can understand that it is illegal to not pay wages for 7 days during the probation period, and according to the law, you can report to the labor bureau, and as long as the employee pays for his labor, he should be paid. If you still have any questions, you can consult a lawyer.
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If the company's HR department has incorrectly calculated the number of days an employee has worked and has given the wrong salary payment, it can be dealt with by following these steps:
1.Verify errors: First, confirm that it is indeed a calculation error by the HR department and not an error in the employee's attendance record. Make sure you know exactly how many days the employee is actually working for this worker.
3.Adjust wages: If the HR department confirms the error, they should make the adjustment in a timely manner and pay the employee the difference in wages that they are entitled to. Ensure that the timing and manner of salary adjustments are consistent with the company's payroll policy.
4.Document the communication process: Throughout the process, keep a record of the communication with the HR department, including the time, content, and results of the communication. This can be used as a basis for subsequent dispute resolution.
If the HR department is unwilling or unable to resolve the issue, you can seek help from your supervisor or company management, or consult a legal professional to understand your rights and possible solutions to your legal problems.
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