Does the labor law provide that temporary workers can claim to settle their wages at any time?

According to the Labor Contract Law, the answers are as follows:

1. The so-called "temporary workers" are actually protected by the Labor Law and the Labor Contract Law;

2. "Temporary workers" enjoy the same rights as "regular employees";

3. The employer has the obligation to pay wages and remuneration on time and in full, so you can ask the employer to settle the wages at will.

Hello! In the past, there were many forms of employment, including regular workers, temporary workers, migrant workers, turnover workers, and rural to non-agricultural workers. The Labor Contract Law regulates the form of employment and clearly stipulates three types of employment contracts:

Fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks.

If the contract is not signed within one month, the employee will be compensated twice the salary.

The Labor Contract Law makes new provisions on the conclusion of labor contracts: the employer shall establish an employment relationship with the employee from the date of employment and shall conclude a written labor contract within one month. If a written labor contract has not been concluded with the employee for more than one month but less than one year, the employee shall be paid twice the monthly wage.

If the employee violates the regulations by not concluding an indefinite-term labor contract with an employee, the employee shall be paid twice the monthly salary from the date on which the indefinite-term labor contract should be concluded. When signing a contract, the worker's resident identity card and other documents shall not be seized, and no property shall be collected from the worker.

If an employee resigns and requests to terminate the contract, he or she must notify the employer in writing 30 days in advance (3 days' notice during the probationary period) in order to fulfill the obligation to inform. If the employer adduces evidence and the employee is required to compensate for the economic loss caused by the failure to notify in advance. Hope it helps.

I don't know what kind of temporary worker you are talking about, but if it is a permanent staff member who is not on the establishment of the unit, no, you can only wait until the fixed salary date of the unit every month. If you're an hourly worker, that's okay, anytime.

If the unit's behavior is illegal, you can claim economic compensation and compensation, and contact the lawyer for details.

Legal analysis: wages can be settled in a lump sum, and when the labor relationship is terminated, the employer will pay the wages of the employee in one lump sum.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China shall conclude a written labor contract to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before the employment process, the employment relationship shall be established from the date of employment.

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 wages of the laborer in a lump sum at the time of dissolution or termination.

Legal Analysis: It's Kailian's. After the employee has gone through the formalities of resignation and handover in accordance with the law, the employer must issue a certificate of termination of the labor contract (i.e., a resignation certificate), and the employee's salary, deposit and economic compensation must be settled.

The employer shall not arbitrarily deduct or default, and the parties concerned may request settlement when going through the formalities for resignation.

Legal basis: Interim Provisions on Payment of Wages Article 9 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 a lump sum when dissolving or terminating the blind labor contract.

Legal analysis: If a temporary worker leaves the company, he or she should be paid within three days or immediately. This is because the wages of part-time workers cannot be delinquent.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate the 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 trial period.

Interim Provisions on Payment of Wages Article 9 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.

There is no uniform standard for the settlement of wages for temporary workers, and the standard that should be referred to is the wages of regular workers in the same position, and the employer shall implement equal pay for equal work, and the wages of temporary workers cannot be reduced. As employees of the unit, temporary workers are also entitled to social insurance benefits. If the wages paid by the employer to the temporary workers are lower than the minimum wage standard, the temporary workers can report to the relevant departments.

1. What is the wage settlement standard for temporary workers?

The wages of the company's temporary workers shall be paid in accordance with the wages agreed in the labor contract or orally agreed, and the amount of wages shall not be lower than the local minimum wage standard. The parties to a part-time employment may enter into an oral agreement. Workers engaged in part-time employment may conclude labor contracts with one or more employers; However, the performance of the labor contract concluded later shall not affect the performance of the labor contract concluded earlier.

The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard stipulated by the people in the place where the employer is located. The period for settlement and payment of labor remuneration for part-time employees shall not exceed 15 days at the longest.

The Labor Code does not stipulate that the wages of temporary workers shall be paid in proportion to the wages of regular workers. If the payment of wages can be agreed upon by both parties through negotiation, the employer shall pay the agreed wages in full on a monthly basis.

2. How to get back the wages of temporary workers who are in arrears?

In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

1. Complain and report to the local labor and social security supervision agency;

2. To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;

3. Resolve through litigation. This is divided into three cases:

1) In the case of labor disputes, if any party is dissatisfied after labor arbitration, it may file a lawsuit with the court;

2) If the employer fails to enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement;

3) If it belongs to the category of labor arrears, it can directly file a civil lawsuit with the court.

3. What is the salary structure of employees?

Under normal circumstances, the employee's salary consists of two modules: "basic salary" and "assessment salary".

1. Basic salary = basic salary, post salary, various allowances, overtime salary.

2. Assessment salary = monthly assessment salary, quarterly assessment salary, annual assessment salary.

The implementation of the daily wage system or piecework system for employees shall be implemented according to other methods. In addition to the basic salary, the salary composition of employees also includes post salary, skill or ability salary, seniority salary, etc., and there is also a floating salary part, such as the salary of the beneficiary, performance salary, funds, etc.

To sum up, some companies will hire some temporary workers to participate in the labor, and both parties must also sign a labor contract to stipulate the salary and remuneration. The method of settlement of wages for part-time workers is determined by mutual agreement, and can be paid monthly or in a lump sum. The standard of settlement shall not be lower than the local minimum wage, and shall ensure that the remuneration is consistent with that of regular workers in the same position.