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There are three ways to get to your question;
1. Why is there a so-called "wage pressure" phenomenon?
This phenomenon is relatively common, but the situation is not the same, strictly speaking, many of the so-called "wage pressure" is not wage pressure, which is the same as the salary structure.
Relatedly, some companies set performance-based pay.
The performance pay is based on the employee's performance appraisal for the month.
The assessment result is calculated, then it is obvious that the assessment cannot be completed in the current month, and the assessment itself also takes time, which leads to the payment of the previous month's salary in the next month. This phenomenon is very common and normal. Some enterprises (mainly non-standard small and medium-sized enterprises) do use late wages to prevent sudden employee departure, mostly focusing on employee turnover.
high industries, such as construction, service and other industries.
2. Is it illegal?
According to the relevant legal provisions, enterprises are required to pay employees in full every month. However, there is no clear provision on whether wages must be paid in the current month (considering the actual situation, if there is such a provision, it is not reasonable in itself), so as long as the company pays wages every month and pays you the full amount of wages, there is no illegality.
3. Prevent sudden resignation?
As mentioned earlier, many small businesses will do this, but many formal companies do not pay the current month's salary. There is no need for such companies to use this means to control the sudden turnover of employees. Because according to the law, although employees have the right to resign, they must also apply to the company 30 days in advance.
If the employee does not do so, the company can follow the rules and regulations.
Penalties such as "absenteeism" can result in resignation to dismissal, and the employee will not only suffer a partial deduction from wages, but also will not receive unemployment benefits.
and a series of consequences. Therefore, for standardized enterprises, although there are similar practices of "wage suppression", it is not to prevent people from leaving suddenly.
Above, three gold lubricants for you, hope, thank you!
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In fact, no, our company officially prepares the advance payment, and the monthly salary is paid on the 15th of each month. Reducing wages is to prevent employees from leaving suddenly
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There are many of them, but this one should be a violation of labor laws, so you can consult it.
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It is not legal for companies to crush wages. The company shall pay the wages to the workers in full and in a timely manner, and if the company presses the wages, the labor administrative department may order the company to pay the wages within a time limit, and if the wages are not paid within the time limit, the company may order the company to pay additional compensation to the workers.
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.
Article 51 of the Labor Law of the People's Republic of China The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.
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 51 of the Labor Law of the People's Republic of China The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.
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Legal analysis: No, it is the legal obligation of the company to pay labor remuneration on time, and the company's practice of pressing employees' wages is illegal, and the company should pay wages at the time agreed in the labor contract.
Legal basis: Article 50 of the Labor Law of the People's Republic of China The 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 Provisions on Payment of Wages Article 7 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 wages are paid on a weekly, daily, and hourly basis.
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Legal Analysis: It is illegal for companies to suppress wages. 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 against the 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 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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No, the company's wage reduction is in line with the statutory circumstances under which the employer must pay the employee compensation if the employee terminates the labor contract for reasons other than his/her own.
Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
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Legal analysis: No, the company's wage reduction is in line with the statutory circumstances under which the employee terminates the labor contract for reasons other than his/her own, and the employer must pay severance to the employee.
Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
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Legal Analysis: No. If the company presses wages, the labor administrative department may order the company to pay wages within a time limit, and if the company fails to pay wages within the time limit, it may order the company to pay additional compensation to the workers.
Legal basis: Labor Law of the People's Republic of China
Article 50 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 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the employer to pay compensation for the liquid
1) Deducting or defaulting on the wages of workers without reason.
2) Refusal to pay wages for extended working hours to the laborer or to report the first remuneration in kind;
3) Paying wages to workers at a rate lower than the local minimum wage.
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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The ability to create the value distribution for the company is the most reasonable, the company does not raise idlers, you create value for the company, there will be a high salary.
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