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It is illegal for factories to press employees' wages, but the problem is that sometimes there is no way, because of the work, if the wages are not much, if you only press for a month, you can basically endure it, although it is illegal, but in fact, many people do not ask for it.
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It is certainly illegal for factories to press the wages of employees, they violate the labor law, and the relevant regulations are really relevant, but now this situation is rare, and some of them are basically migrant workers, as long as they find the relevant departments, they will solve it, and I hope that the bosses of some enterprises will not deduct a penny from their employees.
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It's definitely not legal. As long as the wages of the worker are not in arrears, it is illegal. You can go to the local labor bureau to file a complaint or apply for labor arbitration.
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Factories are obligated to pay wages to employees in a timely manner. It is certainly illegal to pay employees in arrears. You can go to the local labor arbitration committee to appeal, and they will definitely protect your legitimate rights and interests.
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This situation is definitely illegal, and your main problem is to get evidence that the company has suppressed the employee's wages, and then you can go to the relevant labor department to apply for labor arbitration. Safeguard their legitimate rights and interests.
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Hello, the law prohibits employers from withholding employees' wages in any form and for any reason, so the factory's withholding of employees' wages is a serious violation of the law, and you can apply to the local labor arbitration department for labor arbitration.
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Generally speaking, it is normal for the factory to press wages for a few days, if it is too long, it is not very compliant, if the factory fines your salary, it is illegal, and if the reason for pressing the employee's salary is unreasonable, it should be considered illegal for too long.
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Let's see what the situation is, if you just enter the factory to press the employee's salary for a month, it is normal, and it is not illegal, because the factory also has factory regulations, if the salary is pressed for a long time, then it is illegal.
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This is definitely illegal, violates the basic norms of labor law, and is illegal!
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It is certainly not legal, but it is the norm in some enterprises, the problem is that there is insufficient liquidity, and there is no way for enterprises to develop and survive in arrears of wages.
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Most factories are squeezing workers' wages. Half a month is not illegal, because the factory also needs time to recruit workers. If you leave your job, you must go through the resignation procedures in advance.
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Look at what it is, if it is five insurances and one housing fund, etc., are stipulated by the state, if the deposit is deducted privately, it is not legal, contact the legal process.
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1. How long is it legal for factories to press wages?
1. It is legal for the factory to press wages for no more than 30 days. Wages should be paid in the form of monthly salaries, including monthly payments, so the employer should settle wages within 30 days after the end of the natural month, and more than 30 days will constitute arrears of wages and can be sued.
2. Legal basis: Article 7 of the Interim Provisions on Payment of Wages.
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 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 those who are aware of labor 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.
2. How to compensate for arrears of wages.
The compensation for unpaid wages is as follows:
1. Pay an additional economic compensation of 25% of the salary and remuneration due;
2. Pay the wages and economic compensation due to the laborer;
3. Pay 1-5 times the compensation.
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1. Is it legal for the factory to press one month's salary?
There are two situations in which the company presses the employee's monthly salary:
1. If it is illegal for the employer to suppress your salary in order to restrict your departure (to other companies) or as a deposit, you have a reason to solve the matter through the Labor Inspection Department.
2. If the company has this provision, and it is not to restrict you and deduct your deposit, then the law does not have so many provisions, and the company can do this.
According to Article 7 of the Interim Provisions on Payment of Wages, 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 shall be paid at least once a month, and wages must be paid on a monthly basis in the places where weekly, daily and hourly wages are payable if the weekly, daily and hourly wage system is implemented. If the agreed payroll date is exceeded, it shall be considered as arrears of wages.
You can make a request that the company pay your wages on time and in full, as required by law.
It is the legal obligation of the company to pay labor remuneration on time, and the labor law does not stipulate that the company can press the employee's salary for one month, and the company's practice of pressing one month's salary is definitely a violation of the labor law. When it comes to the specific date of payment of wages, it mainly depends on how the employment contract is agreed. Regulations may vary from place to place.
Legal basis: Article 50 of the Labor Law of the People's Republic of China.
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
2. What are the legitimate reasons why an employer can deduct wages?
1) Individual income tax withheld and paid by the employer;
2) Social insurance premiums and provident fund withheld and paid by the employer that should be borne by the employee;
3) Alimony, alimony, and alimony required to be withheld in court rulings;
4) There are clear provisions in the labor contract signed in accordance with the law;
5) There are clear provisions in the factory rules and disciplines formulated by the employer in accordance with the law and approved by the workers' congress;
6) The total salary of the enterprise is linked to the economic benefit, and when the economic benefit falls, the wage must be lowered;
7) Corresponding reduction of wages due to personal leave;
8) Other expenses that can be deducted from the wages of workers according to laws and regulations.
Strictly speaking, in fact, many workers think that the employer is not the same thing as the law believes that the wage is pressed. Generally speaking, if an employer withholds part of an employee's wages as a deposit, it is illegal to depress wages at this time. However, in practice, some units only pay the wages of the previous month in the middle of the following month, which is also considered by the employee to be a pressure on wages, but it is generally not considered illegal at this time.
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Thirty days in arrears of wages is considered non-payment. The law stipulates that wages shall be paid to the worker in monetary form on a monthly basis. The employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears.
"Monthly payment" means that wages should be paid in the form of monthly salaries, and also that wages should be paid monthly.
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Legal Analysis: It is illegal for factories to suppress wages. After the employee joins the company, it is common to search for some companies to make some early regulations on the salary payment date in order to retain the employee and prevent the employee from leaving without authorization.
It is common to put the current month's salary into the next month, and legally the company's behavior of pressing the employee's salary for one month is an unreasonable arrears of wages to the employee, which is illegal. Theoretically, the worker can file a complaint with the local labor inspection brigade or apply to the local relevant department for labor arbitration.
Legal basis: Article 50 of the Labor Law of the People's Republic of China stipulates that 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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The law is based on the fact that it is illegal for factories to withhold employees' wages, and for those who are in arrears of wages, they can report to the local labor inspection department and demand payment of wages and compensation.
Legal basis: Regulations on the Supervision of Labor and Social Security Article 26 Where an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the worker's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the laborer according to the standard calculation of the amount payable between 50% and 1 time
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.
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Legal Analysis: Not Legal. According to the relevant labor laws, the company cannot deduct the wages of employees, that is, the wages should be paid to the employees themselves in money according to the prescribed period, and the wages of employees cannot be deducted or owed wages without reason.
Legal basis: Article 15 of the Interim Provisions on the Payment of Wages Article 15 An employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer;
2) The social insurance premiums that should be borne by the individual worker as withheld and paid by the employer;
3) Child support or alimony required to be withheld in court judgments or rulings;
4) Laws and regulations stipulate that other expenses of Lu Daliang can be deducted from the wages of workers.
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