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1. The wages agreed in the contract cannot be unilaterally changed before the expiration of the contract, so the boss cannot press the wages of the workers;
2. Week. 6. In addition to the day and eight hours, if overtime is to be carried out, the boss must pay double the salary;
3. The 3 days of the Spring Festival are statutory public holidays, and if you want to work overtime, the boss will pay 3 times the salary;
4. Regardless of whether the contract is signed or not, the minimum wage of the worker shall not be lower than the minimum wage stipulated by the state (the minimum wage amount is different in all regions of the country, please check with the local labor and social security department).
5. The boss must help the worker sign a unified labor contract and purchase social insurance, otherwise, you can sue him and impose a heavy fine. You can get compensation up to several times the premium due.
6. Your salary is deferred wages, and that's not okay. Wages must be paid by the agreed payment date or, in the case of holidays, to the nearest working day.
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Absolutely not, the labor law has regulations, simply put, wages must be paid at the specified time, otherwise you can go to the lawsuit.
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Statutory holidays can't be pressed wages, he presses you, you sue him, one sue one.
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No, not only not, but also double pay for overtime during the Spring Festival, but some bosses will press wages in order to keep people, and they want to sue but can't, and the reason may be known
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It is illegal for the boss to press wages during the Chinese New Year, and China's labor law clearly stipulates that the period of payment of wages cannot exceed one month. During the Chinese New Year, the employer may file a complaint with the local labor bureau for the employee's wages, and if the employer still fails to pay after being notified by the labor bureau, the employer may apply to the labor arbitration commission for arbitration.
[Legal basis].
Article 47 of the Labor Law.
Employers shall, in accordance with the characteristics of their production and operation and economic benefits, independently determine their wage distribution methods and wage levels in accordance with the law.
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 51.
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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During the Chinese New Year, it is illegal for the boss to press wages. Salaries are paid on a monthly basis. It is okay to pay the previous month's salary in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit.
It is also illegal for the company to fail to sign an employment contract, and the company can be required to pay double wages.
Article 50 of the Labor Law: Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 7 of the Interim Provisions 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.
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Legal analysis: It is illegal for the boss to press wages during the Chinese New Year. The law stipulates that wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Workers whose wages have been deducted can report and complain to the local labor inspection brigade.
Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:
1) Deducting or defaulting on the wages of workers without reason.
2) Refusal to pay wages and remuneration for extended working hours;
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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Hello dear, not legal. Pressing one month's salary means that the previous month's salary is paid this month. That is, there is no salary for the first month, and after working for one month, the salary for the previous month's work will be taken in the second month.
For example, the employer pays wages on the 28th of the end of each month. If you go to work on February 1st, by February 28th, other old employees will be paid, but they will be paid in January. But you don't get paid on February 28, you need to wait until March 28 to get it, and you get it in February.
The company did this because it was afraid that the workers would leave after taking the monthly salary. This is also a means for the unit to "keep an eye" on its employees. If a deposit is paid, it is illegal in accordance with the provisions of the Labor Contract Law.
It is in accordance with the law to press only one month's salary, but it is illegal to pay wages if it is not paid across months. If the company is in arrears of wages, the employee can file a complaint with the labor inspection department, which will order the employer to pay wages within a time limit. If the employer owes the employee wages, the employee may also apply to the labor arbitration commission for labor arbitration to protect his legitimate rights and interests.
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Legal Analysis: Not Legal. According to the relevant provisions of the Labor Law, no employer shall withhold the wages and benefits of workers in any way.
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 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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