Is the double salary for two months considered the one that has been paid 5

Updated on society 2024-08-04
5 answers
  1. Anonymous users2024-02-15

    A salary has already been paid, and you can only claim the difference in double wages.

    If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.

    Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

    If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has infringed on your rights and interests.

    For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. Failure to pay on time, including arrears or deduction of wages and overtime compensation, may be handled in accordance with Article 1 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

    My space has the above mentioned legal provisions, which you can check out.

  2. Anonymous users2024-02-14

    If the amount has been deducted, the arbitration will be 2,000 yuan.

  3. Anonymous users2024-02-13

    It doesn't matter if you put it in a safe place and give it to this arbitration.

    The arbitration is 2 months, which is issued for an additional 2 months.

  4. Anonymous users2024-02-12

    Legal analysis: The calculation period is: "from the day after the expiration of one month from the date of employment to the day before the expiration of one year", that is, the maximum period is 11 months; The portion of wages that have been paid should be deducted; According to the relevant provisions of the Provisions on the Composition of Total Wages, the calculation of double wages shall be based on the actual salary, including commissions, bonuses, allowances and subsidies.

    and shall not be lower than the minimum wage standard of the overall area.

    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.

  5. Anonymous users2024-02-11

    In a labor dispute case in which an employee applies to the employer for payment of double wages, the limitation period for applying for arbitration is one year, calculated from the date on which the party knows or should know that his or her rights have been infringed. Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant. Keep an eye on coarse lead.

    [Legal basis].

    Article 27 of the Law on Mediation and Arbitration of Labor Disputes.

    The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

    The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or Kaihao or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

    Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

    Where a dispute arises during the existence of the labor relationship due to arrears of labor remuneration, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

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