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    How To Send Wages To The Workers Who Work In The Labor Market?

    2016/1/22 21:59:00 101

    Dispatched WorkersWages And Salaries

    Under the circumstance that the workload of the employing units is not saturated and the dispatched workers do not provide normal labor, what standard should the dispatched units dispatch the wages of the dispatched workers?

    Answer: it is the laborer's important right to provide labor and remuneration to the employer. Labor dispatch is a supplementary form of employment for Chinese enterprises, and can only be implemented in temporary, auxiliary or alternative jobs. As the employing unit, the labor dispatching unit shall perform the obligations of the employing units to the dispatched workers according to law. According to " Labor Contract Law "The fifty-eighth article" was dispatched. Worker During the period of no work, the labor dispatching unit shall pay monthly remuneration according to the minimum wage stipulated by the local people's government, and the remuneration paid by the dispatched worker shall not be lower than the local minimum wage standard during the period of no work. Due to the unsaturation of the workload of the employing units, the workers who were dispatched did not provide normal labor, which was caused by the employment unit. Moreover, the dispatched workers were not provided with the lowest wages when they had no work. labour Under the circumstances, labor remuneration should not be lower than the local minimum wage standard.

    The labor and personnel dispute arbitration commission ruled that the labor company should make up the wages of MA in accordance with the local minimum wage standard.

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    Mr. Zhao: I am nearly 40 years old. I am a registered permanent residence in Beijing. In early 2004, I was hired by an oil pump company in this city, and I have been working in this company for 12 years. In early 2011, the company signed a 5 year fixed term labor contract with me. The contract period ended March 31, 2016, and the monthly salary was 5000 yuan.

    Recently, the person in charge of the unit's labor division interviewed me, saying that after the expiration of my labor contract, the company no longer renewed, so that I can now contact and find a job and try to finish all the formalities before the Spring Festival. When it comes to economic compensation, the unit's compensation standard is to give me 8 months' salary. I say I work in a unit for 12 years. According to the stipulation of one month's salary, I should give me 12 months' salary. But the unit says that the economic compensation can only be calculated after the implementation of the labor contract law in 2008. I would like to ask: according to the laws of the state, what year should I start to calculate my economic compensation?

    An Huimin: Hello, according to what you have said, if you work until the date of termination of the contract (March 31, 2016), the employer should pay you 8.5 months' salary as an economic compensation.

    First, according to the forty-fourth provision of the labor contract law, labor relations terminate at the expiration of the term of the labor contract. The employing unit shall, according to the forty-sixth article, "pay the economic compensation to the laborer" under any of the following circumstances: (five) the employer shall terminate the fixed-term labor contract in accordance with the first provision of article forty-fourth of this law unless the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the worker does not agree to renew the contract. The 47 "economic compensation is paid by laborers according to the number of years worked by the laborers in their units and the wages paid for one month per year." Those who are less than six months old or less than one year shall pay the laborers half a month's wages in accordance with one year's calculation and those who are less than six months. From this point of view, you have the right to claim economic compensation from employers. However, the labor contract law was formally implemented in January 1, 2008. Before the termination of labor relations did not require payment of economic compensation, your claim for economic compensation stood at the beginning of January 1, 2008.

    Secondly, you mentioned that the employer requires that you do not have to work again after the holidays, which is not in accordance with the law. The termination of the labor contract should be worked until the end of the day. If the termination of labor relations with you is not terminated before the date of termination, but if the labor relationship is terminated and the two sides have unanimously agreed to terminate the agreement, the employer shall pay an economic compensation to the employee in accordance with the compensation for one month's wages per full year of work life.


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    Read the next article

    Which Year Does The Economic Compensation Start?

    According to the forty-fourth provision of the labor contract law, labor relations terminate at the expiration of the term of the labor contract. Which year does the economic compensation start? Next, let's take a look at the detailed information.

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