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As long as employees have labor, then employees must have wages to pay.
If the employer does not pay the wages, the employee can file a complaint with the labor bureau or apply for arbitration.
According to Article 50 of the Labor Law, wages shall be paid to the worker in the form of money on a monthly basis. Laborers must not be deducted or unreasonably owed wages.
Article 7 of the Interim Regulations on the Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. 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.
Article 9 of the Interim Regulations on the Payment of Wages stipulates that 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 18 The labor administrative departments at all levels shall 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) Deducting or unjustifiably delaying the wages of laborers;
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 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If a person is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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Can't! Maybe you don't do well before you get fired.
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1. Employees who make mistakes and are dismissed will be paid, but a part of it may be deducted. According to Article 16 of the Interim Provisions on Payment of Wages, if an employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage. If the employer terminates the employment contract with the employee for legitimate reasons, the employee will not be entitled to economic compensation or compensation.
2. According to Article 39 of the Labor Contract Law, the employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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You were fired from working in an electronics factory, and you were paid, because you worked hard before you were fired, so you had to be paid, and if you couldn't negotiate with the order, the labor bureau went.
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If you are fired from an electronics factory, you will definitely be paid, and if you are fired according to the labor law, you will be paid double the salary.
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Legal Analysis: There is a salary. After a few days of work, there are a few days of salary.
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 38 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) Failure to pay social insurance premiums for workers in accordance with the 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 specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated 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 directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Article 39 The employer may terminate the labor contract if the worker has any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
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In the case of self-departure from an electronics factory, the employer shall pay the wages of the employee in a lump sum when the labor contract is terminated, and in real life, most of them will be paid together with the wages of other workers on the next wage payment date. If the employer is in arrears with the wages of the employee, the labor administrative department shall order the employee to pay the wages within a time limit, and the compensation shall be paid if the employee fails to pay within the time limit.
Article 9 of the Interim Provisions on Payment of Wages When both parties to a labor 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 18 of the Interim Provisions on the Payment of Wages stipulates that 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 of the employee who has missed the record, and may also order the employer to pay compensation:
1) Deducting or unjustifiably delaying the wages of laborers; 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 are to be implemented in accordance with the relevant national provisions on return search.
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Legal analysis: As long as employees have labor, then employees must have wages that can be paid for lack of work. If the employer does not pay the wages, the employee can file a complaint with the labor bureau or apply for arbitration.
Legal basis: Labor Contract Law of the People's Republic of China
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 38 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) Failure to pay social insurance premiums for the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, he or she seriously violates his duties or commits fraud for personal gain, causing major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated for criminal liability in accordance with law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.
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