Is it illegal to pay wages on a construction site, and for how long?

If there is a labor contract, it shall be implemented in accordance with the labor contract, and if there is no labor contract, it shall be paid on a monthly basis, and if it is not paid for more than one month, it shall be regarded as arrears of wages. Monthly payment includes that wages should be paid in the form of monthly salaries, and also include monthly payments, so the employer should settle wages within 30 days after the end of the natural month, and more than 30 days will constitute wage arrears.

Legal analysisThe employer shall pay the employee the salary in the form of money on a monthly basis, and shall not deduct or delay the employee's wages without reason. Wages are paid monthly, 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 and order the employer to pay the wages within a time limit. 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. Unjustified arrears should be understood as the employer's deliberate failure to pay the employee's wages within the specified time without justifiable reasons.

The reality of wage payment: At present, employers generally pay the wages of the previous month in the month following the labor provided by the employee, that is, the employee works first and then receives the salary. The specific date of payment of wages varies from employer to employer, some in the early month, some in the middle of the month, and even in the second half of the year.

If the employer unilaterally determines the date of payment of wages without an agreement between the two parties, it is not illegal for the employer to pay the wages of the previous month even on the last day of the month in which the employee provides the work. If the wages are paid beyond the date agreed upon by both parties or unilaterally decided by both parties without reason, or if the wages are not paid in full without exceeding the specified date, they are in arrears of wages and violate the provisions of relevant laws and regulations. The law does not specify how many days it is considered illegal, and if it is not paid beyond the agreed date, it is illegal, but in reality, unless the employer maliciously owes wages or is in arrears is particularly outrageous, the employee will generally not pursue it if it is delayed for a few days.

If an employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, pays the employee's wages below the local minimum wage standard, arranges overtime work without paying overtime pay, dissolves or terminates the labor contract, and fails to pay the employee economic compensation in accordance with these Regulations, the labor administrative department shall order the employee to pay the labor remuneration, overtime pay or economic compensation within a time limit; 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.

Legal basisArticle 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.

In principle, it is an illegal act, and according to the relevant provisions of the Criminal Law, arrears of wages of more than 8,000 yuan may constitute the crime of refusing to pay labor remuneration. However, there are no relevant regulations on the time limit for the time being.

The employer shall settle all remuneration and expenses on the day of resignation, if the employer refuses to settle the payment, it is an illegal act, and it is recommended to file a complaint with the labor inspection department. Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system.

The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer to the employee shall not be lower than the local minimum wage. Article 30 of the Labor Contract Law of the People's Republic of China An 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. Article 44 Under any of the following circumstances, the employer shall pay the worker a wage remuneration higher than the wage for normal working hours in accordance with the following standards: 1. If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150 percent of the wage; 2. If a worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages; 3. If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Arrears of wages are not civil violations, but labor violations. The employee may apply for labor arbitration to request the employer to pay wages. If there is a refusal to pay labor remuneration and the amount reaches a relatively large amount, it is a criminal act.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

The current Regulations on the Payment of Wages to Migrant Workers are the basis for law enforcement. Generally, it is illegal to delay payment without negotiation with the worker.

One month's arrears of wages are illegal and are labor dispute cases, which can be resolved by filing a complaint with the labor inspection brigade or applying for labor arbitration.

It violates Article 50 of the Labor Law, which stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis, and no wages shall be deducted or owed to the workers without reason", and infringed on the legitimate rights and interests of migrant workers.

Article 53 of the "Regulations on the Payment of Wages to Migrant Workers" will come into force on May 1, 2020: Where the provisions of these Regulations are violated and migrant workers are in arrears of wages, it shall be enforced in accordance with the relevant laws and regulations.

It is illegal to pay wages in arrears, and it is considered to be in arrears of wages for more than one month. You can report to the labor inspection brigade or apply for labor arbitration.

Generally, arrears of wages for more than one payment cycle are a violation of the Labor Contract Law.

Wage arrears are a violation of the Labor Law, strictly speaking, as long as they are in arrears, it is illegal, and there is no such thing as how long they are in arrears.

Non-payment of wages is a violation of labor law.

Wages are generally paid this month or next month. In both cases, it is legal.

Therefore, if it is not issued next month, it will be illegal if it is still delayed again and again.

If you are in arrears of wages on the construction site beyond the date specified in your contract, it is considered illegal.

If there are relevant provisions on remuneration in the labor contract, if not, the construction site owes you wages, you can go to the relevant labor arbitration department to consult how to get your wages back.

It is illegal to pay one day in arrears, but it should be understood that the unit has special circumstances to make up the payment. Solution:1Negotiate with your boss. In order to save time and energy, it is recommended to try to negotiate directly with the boss first.

2.Complain to the labor department. When complaining, it is usually to go to the labor inspection department, and after the complaint, the boss will order the boss to pay wages in a timely manner.

3.Seek arbitration from a labor arbitration institution. If an employee is found to be in arrears of wages, he or she will not be subject to the statute of limitations for arbitration if he or she is found to be in arrears of wages, and will be subject to the termination of the employment relationship from the date of termination of the employment relationship once he or she leaves the company.

4.Go to court and file a lawsuit. Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. 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.

Legal analysis: It is illegal to pay wages for 30 days in arrears, because according to the relevant provisions of the Labor Law of the People's Republic of China, the payment method of wages is monthly, and if the employer does not pay on a monthly basis, it is illegal; The monthly salary includes the basic salary of the worker and the other commissions due to him/her.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China 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 owes 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 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.

Legal Analysis: It is illegal to be in arrears for 30 days, because according to the Labor Law of the People's Republic of China, wages are paid on a monthly basis, and if the employer does not pay them on a monthly basis, it is illegal. The monthly salary includes the basic salary of the worker and the other commissions due to him/her.

Legal basis: Article 50 of the Labor Law of the People's Republic of China.

Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Legal Analysis: Wage arrears are illegal regardless of the length of time, that is, as long as they constitute wage arrears, it is illegal, even if they are in arrears for one day. The law stipulates that wages shall be paid to the worker on a monthly basis in the form of the difference in the amount of goods.

Therefore, the employer should settle the wages within 30 days after the end of the natural month, and more than 30 days will constitute wage arrears. If the employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee the wages for the delay in working hours, the employee may notify the employer at any time to terminate the labor contract and request compensation from the employer. In addition to paying the employee's wages and remuneration in full within the prescribed time, the employer shall also pay an additional severance equivalent to 25% of the wages and remuneration.

If the employer is in arrears of wages without reason, the worker may report it to the labor administrative department, which shall bear administrative responsibility, and the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the employer to pay the worker's compensation equal to one to five times the sum of the wages and remuneration and economic compensation paid to the worker. If an employer has difficulties in production and operation and its capital turnover is affected, it may, with the consent of the labor union of the unit, temporarily postpone the payment of wages to its employees, and the maximum limit of the extension period may be determined by the labor administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In other cases, wage arrears are unjustified.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; 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.