Is it okay not to pay the salary, and is it legal to charge the salary for a month

If the employer refuses to pay, the employee may apply for labor arbitration to demand the employer to pay the arrears of wages.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. 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.

An normal procedure is possible.

Legal Analysis: In accordance with the Speculation and Radical Selling Law, when the employer withholds one month's wages, the employee can terminate the labor contract and require the employer to pay the unpaid lead wages and the employer to pay economic compensation.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Wage pressure means that the current month's salary cannot be paid in the same month, and it cannot be settled until the next month or other time, that is, the current month's salary is not paid monthly. Now most enterprises will press wages, very few enterprises can do the current month's wages paid in the same month, wage pressure should be regarded as a disguised means to retain employees, to prevent employees from resigning without reason, causing loss risks to the company.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor-friend-defence 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 employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Wage charges are not in accordance with the provisions of the Labor Law. The Labor Law clearly stipulates that employers may not withhold wages or default on wages for any reason, so it is illegal to pledge wages. The specific date of payment of wages shall be subject to the provisions of the labor contract, and shall not be in arrears or withheld without reason.

[Legal basis].

Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 7 of the Interim Provisions on 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.

Legal analysis: a means of retaining employees in disguise to prevent employees from resigning without cause, bringing the risk of loss to the company.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social spine insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations, harming the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.

[Legal Analysis].It is not legal for companies to suppress wages. If the company presses wages, the labor administrative department may order the company to pay the wages within the time limit, and if the payment is not made within the time limit, the company may be ordered to pay additional compensation to the workers.

[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 employee 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.

Legal Analysis: It is illegal for companies to suppress wages. If the company presses wages, the labor administrative department may order the company to pay wages within a time limit, and if the payment is not made within the time limit, it may order the company to pay additional compensation to the workers.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. 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.

If the unit does not pay wages, you can first complain to the local labor law enforcement inspection brigade, and they will supervise and inspect in accordance with the "Labor and Social Security Supervision Regulations" and order corrections; If this is not possible, you can directly apply for labor arbitration to the labor administrative department to protect your legitimate rights and interests.

Clause. 1. If the company does not pay social security, it can request to pay social security.

Clause. 2. If the company has not signed the contract, it is also illegal, and the company can be required to pay double the salary without signing a written labor contract.

Clause. 3. If the company terminates the labor contract in violation of the law and has to bear the compensation, the standard of compensation shall be twice the economic compensation. If the employee resigns, he or she may request the employer to pay severance compensation.

Clause. 4. If you have worked in the company for one year, the company will also pay unemployment insurance money.

Clause. 5. If the company has overtime work, it must pay overtime wages and additional compensation according to the statutory sales standard.

Clause. 6. If the company deducts wages, it shall also pay wages in full and pay additional compensation. First of all, it is necessary to confirm the fact of the employment relationship with the employer.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages. Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment. Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.

Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation. It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. 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. After the resignation of the employee, the employer shall go through the corresponding procedures for terminating the labor relationship with the employee in a timely manner, and at the same time shall settle the employee's social security, wages and overtime pay in a timely manner.

China's laws and regulations are strictly protective of the rights and interests of workers in China, and it is the legitimate right of workers to voluntarily leave their jobs.