Joke Collection Website - Blessing messages - I've been working in a kindergarten for almost a month. I was told that my salary would be paid on the 15th, but I heard that the ones we just went to didn't get paid, and that we had to withhold one
I've been working in a kindergarten for almost a month. I was told that my salary would be paid on the 15th, but I heard that the ones we just went to didn't get paid, and that we had to withhold one
According to the "Labor Law" and the "Interim Provisions on Wage Payment" (Ministry of Labor [1994] No. 489), enterprises should pay wages to workers in accordance with the following requirements:
4 .The enterprise must pay workers' wages on the date agreed with the workers, and should pay them at least once a month. If there is a holiday or rest day, payment should be made in advance on the nearest working day. If the weekly, daily or hourly wage system is implemented, wages can be paid on a weekly, daily or hourly basis.
6. When both parties to the labor relationship terminate or terminate the labor contract in accordance with the law, the enterprise shall pay the employee's wages in full when the labor contract is terminated or terminated.
"Labor Contract Law of the People's Republic of China"
Article 36 The employer and the employee may terminate the labor contract if they reach consensus through consultation.
Article 37: The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probation period, the employee can terminate the labor contract by notifying the employer three days in advance.
Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:
(1) Failure to provide labor protection or labor conditions as stipulated in the labor contract ;
(2) Failure to pay labor remuneration in full and on time;
(3) Failure to pay social insurance premiums for workers in accordance with the law;
(4) ) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in paragraph 1 of Article 26 of this Law;
(6) Other circumstances under which employees may terminate labor contracts under laws and administrative regulations.
If the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates the rules and orders or forces risky work that endangers the personal safety of the employee, the employee may immediately terminate the labor contract , without prior notification to the employer.
So, it stands to reason that one month’s salary should not be withheld, but in fact, many companies and units in society now do this. This is in line with the financial requirements of every company and unit for new employees. There is a time difference between the entry and exit of accounts. If you work in a public kindergarten, they generally won't rely on your money. After all, the Education Bureau is in charge of it. If it is a private kindergarten, if you submit your resignation one month in advance, or notify the employer three days in advance during the probation period, it is a legal termination of the labor contract, and your wages should not be withheld, and your employer also violates, 'failure to timely If labor remuneration is paid in full and the employer's rules and regulations violate the provisions of laws and regulations and harm the rights and interests of workers, you can legally terminate the labor contract and get back the wages they have withheld. If they don't, you can You can go to a labor arbitration institution to appeal and resolve the matter.
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