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Nomogram > legal knowledge > Labor disputes > Wages and benefits

Wages and benefits

Wages refer to the remunerations paid by employers or legal employers to employees in monetary form for their work in accordance with laws, industry regulations or agreements with employees. Wages can be calculated in different forms such as hourly salary, monthly salary and annual salary. Wages are an important part of production costs. Statutory

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Salary and welfare knowledge

What crime does the boss commit in arrears of wages

If the employer deliberately fails to pay the employee, he may be involved in the crime of refusing to pay labor remuneration. This crime refers to failing to pay the wages and benefits due to employees by means of transferring property, concealing their whereabouts, or maliciously evading to pay the wages of employees when they have the ability to pay, the amount of which reaches a certain level, and still fails to pay after being handled by the relevant government departments. See more

2024.09.21 1313 readings
How to handle compensation for wages owed due to company bankruptcy

When an enterprise goes bankrupt, employees' wages and social security expenses are the first problems to be solved. According to the provisions of the Enterprise Bankruptcy Law, the bankruptcy property should first pay off the salaries and social security expenses of employees, then tax, and finally ordinary creditor's rights. If the bankruptcy property is not sufficient to pay off debts in the same order, it shall be distributed in proportion. Therefore, employees should safeguard their rights and interests and keep in touch with relevant departments to ensure that their salaries can be paid off fairly. See more

2024.09.21 1245 readings
How to sue for salary arrears online

The steps for legal proceedings of labor disputes in the network environment are as follows: First, the judicial authority with jurisdiction should be determined, generally the basic court in the place where the labor contract is actually performed or where the employer is registered. Secondly, we should prepare sufficient evidence, such as labor contracts, wage payment vouchers, etc. Finally, log in to the court's electronic litigation platform, fill in the indictment and upload evidence. See more

2024.09.21 1198 readings
Several years' imprisonment for arrears of employees' wages

Whether the salary arrears of employees constitute a crime and the term of imprisonment need to be judged according to the specific circumstances. If someone evades payment of labor remuneration, and the amount reaches a certain level, but still does not pay after the government urges, it will constitute a criminal offence. The term of imprisonment faced may be less than three years, and a fine shall be paid; If the circumstances are relatively serious, the term of imprisonment may be three to seven years, and a fine shall also be paid. Generally speaking, the amount standard refers to the refusal to pay a laborer more than three months' remuneration, 5000 to 20000 yuan; Or refuse to pay remuneration to more than ten people, amounting to 30000 to 100000 yuan in total. See more

2024.09.21 1124 readings
How to deal with compensation when the company goes bankrupt and owes workers wages

When an enterprise goes bankrupt and defaults on wages, employees can protect their rights and interests through the following ways: 1. You can complain to the labor administrative supervision and management organization and request them to mediate. The labor inspection department has the right to enforce, which helps to protect the rights and interests of employees. 2. Apply to the labor dispute arbitration committee for arbitration. In bankruptcy liquidation, employees' salary is a priority debt. This helps employees win more rights and interests. See more

2024.09.21 1514 readings
How to calculate the salary of employees who are insolvent and bankrupt

What about the salary of employees when the enterprise goes bankrupt? This can't be ambiguous! According to the law, employees' wages must be one of the priority payments in bankruptcy liquidation. This means that even if the enterprise goes bankrupt, employees can get their due salary on time. Don't worry! So, the business owners should remember well, and don't want to renege! This is the legitimate rights and interests of employees and must be guaranteed! See more

2024.09.21 1661 readings
How to deal with the company's failure and unpaid wages

If the company does not give a clear answer or refuses to pay your salary, you can first contact the company's management to find out the specific situation. If they still don't pay you, you can go to the labor inspection agency to complain about them. If you think the complaint is not enough, you can also apply to the labor dispute arbitration committee for arbitration. However, you need to prepare evidence that the company is in arrears with your salary, such as labor contracts, payroll documents, attendance records and so on. Remember, we should solve problems through legal means and safeguard our rights and interests. See more

2024.09.21 1213 readings
How to solve the problem when a limited company goes bankrupt and defaults on employees' wages

Employees can take these measures to deal with the problem of salary arrears after the bankruptcy of the company: submit a claim application report to the bankruptcy administrator, who will review and approve it; After paying the expenses and debts, the bankrupt property will pay off according to the legal procedures, including the salary in arrears. See more

2024.09.21 1739 readings
What to do with the salary owed to employees when the company goes bankrupt

If an enterprise fails to pay its employees in arrears, employees can use the following methods to safeguard their rights and interests: 1. Discuss the solution with the company: it is best to solve the problem peacefully. 2. Complain to the labor supervision organization or apply for labor arbitration: if it is useless to discuss, you can find the relevant departments to help. 3. In bankruptcy liquidation, employees' salaries will be repaid first: if the company goes bankrupt, employees' salaries will be repaid first. In short, employees should pay more attention to protecting themselves and solve problems in a timely manner. See more

2024.09.21 1124 readings
Will one party's arrears freeze the spouse's salary card

In some cases, if a person's debt is recognized as a joint debt of husband and wife, the creditor may freeze his or her spouse's salary card when applying to the court for property preservation or resumption of enforcement procedures. However, if it can be proved conclusively that this debt is the personal responsibility of the debtor, then the salary card of the other spouse will not be frozen at will. See more

2024.09.21 1428 readings
How long is it illegal to pay employees in arrears

If the company does not pay wages within the specified time, it is illegal. According to the Labor Law of the People's Republic of China, the company must pay the employees in monetary form on time and in full amount, without arbitrary deduction or delay. If the company is urged to pay wages, and the amount in arrears is still large, it may constitute a crime of refusing to pay labor remuneration. The company should abide by the contract and laws and pay the employees on time. In case of salary arrears, employees can complain to the labor supervision department or apply for labor arbitration to safeguard their rights and interests. See more

2024.09.21 1229 readings
Will the legal person go to prison when the company defaults on employees' wages

When an enterprise defaults on wages, whether the legal representative needs to bear the responsibility needs to be judged according to the specific situation. If the government still fails to perform after ordering payment, and the amount or impact reaches a certain standard, it may be suspected of refusing to pay labor remuneration. In judicial practice, if you refuse to pay the wages of a single worker for more than three months (50000 to 20000), or the total wages of more than ten workers (30000 to 100000), and still fail to pay after repeated orders, it will be considered as a large amount. See more

2024.09.21 1611 readings
What to do if the company fails to get the salary

If the enterprise fails to pay wages due to bankruptcy, employees can protect their rights and interests by the following ways: 1. Appeal to the labor supervision authority to investigate and force the enterprise to pay wages; 2. Submit labor arbitration application, establish wage and welfare rights and require the enterprise to strictly implement them; 3. If the enterprise goes into bankruptcy liquidation, the employees shall immediately declare their creditor's rights and have priority in getting the salary payment. See more

2024.09.21 1416 readings
What should we do if the company goes bankrupt and the employee's salary is not paid? How to compensate

If the company goes bankrupt, but the salary of employees has not been paid completely, employees can protect their rights and interests through the law. The first step is to declare the creditor's rights to the management organization of the bankrupt company to let them know that you have the money to get back. Then, you can request to pay your back salary first. Generally speaking, in bankruptcy liquidation, employees' wages will be guaranteed first, but the specific amount and how to get depends on the liquidation. Therefore, if you encounter such a thing, you must hurry to deal with it. Don't delay your rights. See more

2024.09.21 1588 readings
How much can be sentenced for arrears of employees' wages

It is illegal for an enterprise to default on the wages of its employees, and serious cases may constitute the crime of refusing to pay labor remuneration. The trial basis of the crime of refusing to pay labor remuneration is mainly the amount involved and the situation of failure to pay and serious consequences after the government orders. If the enterprise intentionally transfers assets, delays or refuses to pay remuneration, and the amount involved is large, the responsible person may face a punishment of not more than three years of imprisonment, criminal detention or a fine. If the circumstances are particularly serious, the sentence may be extended to three to seven years. The "large amount of salary arrears" here refers to the salary of 5000 to 20000 yuan owed to a single worker for more than three months, or 30000 to 100000 yuan owed to more than ten workers. In a word, enterprises should pay their employees on time, abide by laws and regulations, and avoid falling into legal disputes. See more

2024.09.21 1222 readings

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Popular articles on wages and benefits

How to calculate the tax deduction standard of interns' wages?

First of all, it is necessary to judge whether there is a labor relationship between interns and employers. If a labor relationship is established, the individual income tax shall be paid if the monthly salary exceeds 5000 according to the provisions of the Individual Tax Law. If no labor relationship is established, it shall be treated as a labor relationship, and the individual income tax shall be paid. According to the provisions of the Individual Income Tax Law, the income from labor remuneration shall be the balance of the income minus 20% of the expenses. The labor remuneration is part of the comprehensive income specified in the Individual Income Tax Law, and the comprehensive income shall be consolidated to calculate the individual income tax according to the tax year, A progressive tax rate of 3% to 45% for excess shall apply.

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How many times of salary are you paid for working overtime on weekends?

If an employer arranges a worker to work on a rest day according to law, but cannot arrange compensatory leave, it shall pay the worker 200% of the daily or hourly wage standard of the worker as stipulated in the labor contract.

372805 readings 2024.07.27
What is the basic wage standard? What are the characteristics?

The basic salary is the salary calculated according to the labor contract agreement or the salary standard stipulated by the national and enterprise rules and regulations. Also called standard salary. The minimum amount of basic wage shall ensure the basic living needs of the staff and workers themselves and the average number of people they support. Fairness; publicity; It is characterized by currency and fixity.

449571 readings 2024.07.27
How is overtime pay calculated?

Working days: hourly overtime wage standard=monthly wage standard stipulated in the labor contract ÷ (monthly salary days 21.75 × 8 hours) × 150%. Rest days: hourly overtime wage standard=monthly wage standard stipulated in the labor contract ÷ (monthly salary days 21.75 × 8 hours) × 200%. The overtime wage standard for statutory leave hours=the monthly wage standard stipulated in the labor contract ÷ (21.75 × 8 hours of monthly salary days) × 300%.

7111 readings 2024.07.23
Is there any salary for holidays due to company reasons?

According to relevant regulations, if the company has a holiday due to business adjustment, it shall pay the employees the same standard as the basic salary. If the company refuses to pay, the employee can complain to the labor department. In addition, if the company terminates labor relations due to dissolution and other reasons, it shall pay economic compensation to employees.

384192 readings 2024.07.18