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If the employer refuses to pay, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
If an employer dismisses an employee without cause, it shall pay compensation to the employee at the rate of two months' wages for each year of employment.
If wages are not paid in a timely manner, there are two ways to claim wages:
1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
Legal basis: Provincial wage payment regulations. For example:
Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.
Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.
Article 48 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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At the beginning, when you talk to the boss, whether you promise him that there will be no salary during the probationary period, how long the probationary period is, etc., whether you have signed a labor contract, you must remember that you must sign a labor contract, and the responsibilities and rights of both parties in the labor contract must be clearly written, which is a legal certificate. You can talk about it with this. Either you're unprotected.
Be sure to pay attention in the future.
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In theory, yes, in practice it is generally not paid.
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I wonder if you're private or not? Forget about small private workshops, big companies will generally give it to you.
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Of course, wages should be paid, and according to the Labor Contract Law, even if you work for one day, you should be paid wages.
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Dear, hello, here according to your question, make the following, for reference only: the probationary period is dismissed for half a day and there is a salary 1, and the probationary period is dismissed and destroyed. 2. If the employer fails to conclude a written labor contract at the time of employment, and the employee actually provides labor, the employer shall pay the wages and shall not deduct or delay the payment.
3.Is there a tax deduction for employees' wages during the probationary period As long as the salary reaches the individual income tax threshold during the probationary period, they must be paid. Personal income tax is levied according to the amount of income, and the current threshold is 5,000 yuan, and those who exceed this will have to be.
Those who obtain income from wages and salaries and meet the tax conditions shall pay individual income tax.
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Legal analysis: If a person is dismissed during the probationary period, he or she may request the employer to settle the salary immediately and settle it in a lump sum.
Legal basis: Labor Contract Law of the People's Republic of China
Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be less than 80 percent of the minimum wage for the same post in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard for the place where the employer is employed.
Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
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Summary. Hello dear, I'm glad to answer for you. Workers who work for 3 days during the trial period are also paid.
The employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated. The employer shall not deduct or delay the wages of the employee without reason, otherwise the labor administrative department shall order the employee to set a time limit; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to a certain standard.
After the probationary period of three days, is there any salary for being fired by the boss?
Hello dear, I'm glad to answer for you. Workers who work for 3 days during the trial period are also paid. The employer shall pay the employee's wages in a lump sum when the employment contract is terminated or terminated.
The employer shall not deduct or default on the wages of the employee without reason, otherwise the administrative department of Laoshan Hengdong shall order it to set a time limit; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to a certain standard.
Hello lawyer, I would like to ask you, my current situation is that I have worked for a total of five days, a probationary period of three days, a formal work of two days, and a probationary period of three days after the boss said, but on the sixth day, the boss dismissed me, but did not pay me the salary of the probationary period of three days, and only gave me the salary of two days of formal work, which is equivalent to my probationary period of three days, that is, free labor, and I did not receive wages.
Hello, you can defend your rights through legal means in this situation, and your boss needs to pay you for the three-day probationary period.
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Yes, if you are dismissed during the probationary period, you can ask the employer to settle the salary immediately and settle it in one lump sum. Wages should be paid. According to Article 20 of the Labor Contract Law, the salary of an employee during the probationary period shall not be lower than 80 percent of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.
Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If a labor contract is terminated during the probationary period, it shall explain the reasons to the employee.
Article 7 of the Interim Provisions on Payment of Wages shall 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 9 of the Interim Provisions on Payment of Wages When both parties to an employment 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. Article 16 of the Interim Provisions on Payment of Wages If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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Under normal circumstances, resignation during the probationary period should be notified to the company's personnel department three days in advance, and the salary should be settled in person on the day of resignation. In principle, the company cannot deduct wages if you resign during the probationary period, unless you have caused any property damage to the company during your employment. Employees who are dismissed after the expiration of the probationary period are not required to pay severance if they meet the requirements of Article 39 of the Labor Contract Law.
Legal basisArticle 46 of the Labor Contract Law.
Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee terminates the labor contract in accordance with Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The labor contract is terminated in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the hidden bridge labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.
Labor Law: Article 11 If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented. >>>More
The probation only takes one week, no salary, can you hire another company if you leave directly in one day, it should be okay, because you are doing it for a day, you feel that this company is not suitable for change, because you have not signed a long-term contract with this company, so it is said that it is a probationary period, and the probationary period can be changed at any time, the company can change you, you can change the company.
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