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How to compensate for the company's unpaid leave?
1. If the employer delays or deducts wages without reason, resulting in the employee being forced to resign, it shall pay economic compensation to the employee;
2. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in this unit;
3, more than six months but less than one year, according to one year;
4, less than six months, pay economic compensation for half a month's salary to the workers.
Legal liability of enterprise's unpaid wages;
1. Liability: The enterprise shall pay unpaid wages and overtime wages according to the labor contract;
2. Late payment: According to relevant laws and regulations, if an enterprise fails to pay wages in time, it shall pay late payment to its employees;
3. Economic compensation: under certain circumstances, if the labor contract is terminated illegally, the enterprise shall also pay economic compensation;
4. Compensation: If the employee suffers other losses due to the enterprise's unpaid wages, the enterprise may have to bear corresponding compensation;
5. Administrative punishment: the enterprise's unpaid wages may be subject to administrative punishment by the labor administrative department, such as fines;
6. Criminal responsibility: If the circumstances of unpaid wages are serious, the enterprise and its responsible person may bear criminal responsibility.
To sum up, the compensation method for enterprises to leave their jobs without pay is that if the employer defaults or deducts wages for no reason, resulting in the resignation of employees, it shall pay economic compensation. The standard is to pay one month's salary for each full year, and half a month's salary for more than six months but less than one year.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 47
The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
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