Can The Employer Pay The Double Wage Difference Without End?

According to the provisions of the fourteenth and third paragraph of the labor contract law, "if the employer fails to conclude a written labor contract with a worker for one year after the day of his own employment, he shall be deemed to have entered into an unfixed term labor contract between the employer and the employee."

That is to say, because the employer fails to sign a written labor contract with his employer, he can claim a maximum wage difference of 11 months, because the labor contract has not yet been signed for a full year, and it is deemed that the employer has signed an unfixed term labor contract with the employee.

As for overtime wages, the thirty-first article of the labor contract law stipulates: "employers should strictly enforce labor quota standards, and shall not force or disguise force to work overtime.

If an employer arranges overtime work, he shall pay overtime wages to the laborers in accordance with the relevant provisions of the state. "

The thirteenth section of the Provisional Regulations on wage payment provides specific provisions for the overtime wage standards for overtime work in different periods. The following are summarized as follows: the employer should pay 1.5 times the wages of the laborers on the working day, and the workers should pay 2 times the wages of the workers on weekends or weekends.

Wages should be paid 3 times of the worker's daily or hourly wage standard.

The standard of daily wages and hourly wages shall be implemented in accordance with the relevant rules promulgated by local governments.

For example, the forty-third provision for wage payment in Beijing stipulates: "the daily wages of laborers are converted into 20.92 days per month based on the national working hour system, and the hourly wage is divided into 8 hours by the day's wages."

As for

The fifth section of the Interim Provisions on wage payment stipulates: "wages should be paid in legal currency.

It is not allowed to pay in kind or in securities instead of currency. "

If the end of the year, the employer said that this year's benefits are not good, the products produced by the unit have not been sold, and there are too many stocks. Now the unit decided to replace the two units of refrigerators produced by the units according to the wages owed.

At this point, as a laborer, you can refuse the unlawful request of the unit, instead insist on requiring the unit to pay the wage in the form of currency in the form of cash or bank pfer.

With regard to the specific amount of wages paid, the sixth paragraph and third paragraph of the Interim Provisions on wage payment stipulates: "the employer must make written records of the amount, time, name and signature of the worker, and keep it for more than two years.

Employers should provide workers with a list of their personal wages when they pay wages. "

In practice, there are often some employers' labor and personnel management systems which are extremely irregular, and there is no record or no record of workers' wages.

How to determine if there is a dispute?

What is the actual wage level? In such a case, if the laborer has the basic evidence to prove that the amount of wage and water actually obtained, and the employer can not produce the record of the wage payment, it can be disproved. The labor arbitration institution or the people's court generally supports and supports the worker's proposition. The reason is that the employer fails to keep the statutory obligation of keeping the wage record for at least two years, and naturally bears the adverse consequences on it.

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