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What kind of legal case does the boss owe wages

Time: July 2, 2024 label: Labor disputes Wages and benefits Reading: 1054 people

Lawyer's analysis:

This case is a civil case, which is actually one civil dispute event.
The parties may file a lawsuit in the local court litigation In order to obtain due legal justice.
If the employer intentionally or without justified reasons delays or refuses to pay the employee wages Amount, and for employees Overtime pay If the employee refuses to pay, the employee has the right to notify the employer in due time according to relevant laws and regulations Termination of labor contract And require the employer to pay compensation.
In addition to paying workers' wages in full within the statutory time limit, the respondent enterprise must also pay an additional amount equal to 25% of the wages Economic compensation 。

Legal basis:

Article 85 of the Labor Contract Law
If the employing unit fails to pay labourers' remuneration in full and on time as agreed in the labour contract or as stipulated by the State, the labour administrative department shall order it to pay labourers' remuneration within a time limit; If the employing unit pays labourers wages below the local minimum wage standard, it shall pay the period difference; If it fails to pay within the time limit, the employer shall be ordered to pay compensation to the worker at the rate of more than 50% and less than 100% of the amount payable.

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Lawyers' answers

ask Is the salary deducted for absenteeism

Absenteeism does not necessarily lead to salary deduction. In fact, this provision has been effectively implemented under the following circumstances: 1. There is no need to pay wages on the day of absenteeism: if an employee is absent from work, the employer has the right to choose not to pay him or her wages in working days

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ask Did you have to deduct your salary one month in advance before leaving

need. If the laborer wants to resign from his current position, he must submit a written application to the employer in advance, and the duration is one month. For employees in the probation period, they need to submit a written application three days before leaving. If the laborer fails to fulfill the notification obligation within the statutory time limit, lead

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ask Is there any compensation for being dismissed after three months of probation

With compensation, if the employee continues to work in the company for more than a full year, he shall be entitled to one month's salary compensation; If the employee has worked for half a year but less than a full year, it shall be calculated as a full year; If the working time is less than half a year, you can enjoy half a month's salary compensation

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Latest high-quality answers

Selected pictures and texts Pufa video Voice Answers

Can delinquency of labor wages be subject to criminal detention

Legal Advisor

According to the Labor Contract Law of the People's Republic of China, employers who are in arrears with wages may face the accountability of the labor administrative department and need to pay arrears and additional compensation, but usually do not directly lead to criminal detention. Criminal law may be violated unless serious violations such as fraud are involved. Workers can safeguard their rights through complaints. If the behavior of the unit constitutes a crime, they may face criminal detention. The specific situation needs to be comprehensively judged according to law.

Views: one thousand four hundred and twenty-four 2024-07-04
When will the intermediary pay the salary after resignation

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The Labor Law of China does not specify the payment period of demission wages. As a general rule, when a worker resigns, the enterprise shall settle the agreed salary at one time. The actual payment date is subject to mutual agreement. Overdue payment is arrears of salary. If the consultation fails, the worker may appeal to the labor administrative department according to law to seek a fair solution.

Views: one thousand two hundred and ninety-five 2024-07-03
How to obtain evidence for wage problems

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If the labor relationship is confirmed and the wage slip is held, the payroll for the past two years must be submitted by the employer. The employer's refusal of the certificate will be deemed as intentional, and the salary will be determined based on the worker's claim. If the laborer claims to have a large amount of cash paid by non bank card, evidence shall be provided, otherwise, the bank transfer record shall be taken as the base salary standard.

Views: eight hundred and forty-four 2024-07-03

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