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Chaoyang District Haidian District Xicheng District Fengtai District Dongcheng District Changping District Shijingshan District Tongzhou District Daxing District Shunyi District Fangshan District Miyun District Huairou District Yanqing District Mentougou District Pinggu District

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Wages and benefits Social security disputes labor dispatch Labor contract Labor relations Labor security Labor dispute Labor arbitration

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Criminal detention How to deal with the boss with salary arrears

In China, if employers maliciously default on wages, workers can safeguard their rights in accordance with Articles 30 and 85 of the Labor Contract Law of the People's Republic of China. Workers can apply to the court for a payment order, or request the labor administrative department to intervene and require the employer to pay back wages, overtime pay and economic compensation to make up the difference below the minimum wage standard. In case of overdue payment, compensation shall be paid at the rate of 50% to 100% of the payable amount. At the same time, trade unions can supervise and provide legal aid according to law. Workers can protect their own rights and interests through legal channels and trade union support to ensure that they receive legitimate wages. #Labor disputes 978 readings
Whether wages will be suspended for the release of criminal detention

According to Paragraph 6 of Article 39 of the Labor Contract Law of the People's Republic of China, if an employee is prosecuted by a judicial organ for a criminal offence, the employer has the right to terminate the contract. This means that even if an employee has been held in criminal detention, as long as he or she has not been convicted or pardoned, and the contract has not been terminated, the employee should still be paid. However, once the employee is really investigated for criminal responsibility, the employer can terminate the contract, and the employee usually has no pay. The salary payment shall also refer to the employer's regulations and contract terms. In short, criminal detention is not equal to salary suspension, which depends on whether employees are investigated for criminal responsibility and contract provisions. #Labor disputes 1097 readings
How to deal with wages after obtaining a guarantor pending trial

After obtaining a guarantor pending trial, if the labor contract has not been rescinded, the worker shall perform his contractual obligations in good faith, and the employer shall pay wages on time. If the work is affected by obtaining a guarantor pending trial, the worker may face the risk of salary adjustment or dismissal. The salary shall be paid in accordance with the contract and national laws. If there is no clear agreement in special circumstances, it can be adjusted fairly according to law. #Labor disputes 1451 readings
Is it legal for the company not to pay wages on the grounds of theft

In any case, the enterprise cannot deduct the salary of employees according to the charge of theft. Because there are two completely different and independent legal fields between salary payment and criminal liability. When employees are suspected of being involved in criminal acts, the judicial authorities should intervene to carry out relevant investigations and take corresponding measures, which does not affect their legitimate salary rights during normal work. As the employer, the enterprise shall pay the employees in full and on time in accordance with the labor contract or the explicit requirements of relevant laws and regulations in China. #Labor disputes 966 readings

How can I refuse to pay the insurance in time

If the employer fails to pay the social insurance premium on time, the social insurance agency will issue a notice of supplementary payment, requiring it to make supplementary payment within five days after receiving the notice. If it fails to pay within the time limit, the agency may inquire the deposit account of the entity, apply to the administrative department for the allocation of social insurance premiums, and notify the bank to implement it. For units that have not paid in full and have not provided security, the collection authority may apply to the court to distrain, seal up and auction their property, and use the auction proceeds to pay the arrears. #Labor disputes 1129 readings
Is insurance a labor dispute

In labor relations, enterprises are obliged to pay social insurance for employees. If the unit fails to fulfill this responsibility, the employee can first report to the social security administrative department and collection agency, and try to apply for social security. If it is not feasible to make up for it, you can apply for labor arbitration to claim compensation for losses. If the arbitration is not satisfied, further litigation can be brought to the court. However, it should be noted that in the arbitration stage, only compensation can be claimed, not supplementary payment of social insurance. #Labor disputes 1175 readings
Can social insurance premiums be sued

In social insurance disputes, if the employer fails to handle the social insurance procedures or fails to pay in full, resulting in the loss of the rights and interests of workers, there is a possibility of litigation. The court shall accept compensation disputes caused by failure to go through formalities. However, the social security department has the right to enforce the collection of overdue fees after the formalities have been handled, and the court will not intervene in the trial at this time. #Labor disputes 899 readings
How to compensate without signing a contract or buying insurance

If the employer fails to sign a written labor contract within one month of the employee's employment, it shall pay compensation of double monthly salary within 11 months. If the social insurance is not paid in time, it is necessary to make up and compensate the actual loss of employees. Labor contracts are divided into three categories: fixed term, unfixed term and task term, which stipulate the validity of labor relations. #Labor disputes 1195 readings

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