In the workplace, we may occasionally encounter some bad things, especially in the area of salary. As "workers", we know that working hard is a stable income, but many times some of the company's regulations are not based on the employees' perspective, and even greatly harm the interests of employees. For example, the case shared with you today. Ms. Wang, who once worked in a private electronic accessories company, said that she had resigned from the company in the middle of the year, but the company deducted 4,000 yuan from her performance salary and never paid it. Does this behavior of the enterprise violate the relevant provisions of the Labor Law ? Let’s look down!
According to Ms. Wang’s description, she has worked in the company for many years. As a team leader in the workshop, she has always been very positive about her work. But since last year, due to physical problems, Ms. Wang could only apply for resignation to the company in March at the beginning of this year. Originally, Ms. Wang could have access to the labor contract by April 30, but because the company has been unable to recruit people for the same position, it can only allow Ms. Wang to stay for a while. Therefore, in the end, Ms. Wang worked for another month before officially leaving.
But when her salary was paid the next month, Ms. Wang discovered that her salary slip did not include the extra month's salary. In addition, there was a note in her salary slip that the annual payment was 1,000 yuan. In addition, Ms. Wang's salary for May was settled by the company's finance through WeChat transfer, totaling 4,493 yuan. According to Ms. Wang, her normal salary is about 6,500 yuan per month, but she was deducted 2,000 yuan in June and had no pay slip. In this regard, the company's explanation to Ms. Wang is that the deducted part is Ms. Wang's performance salary. According to the company's regulations, this part will be paid at the end of the year. Moreover, Ms. Wang is also aware of this rule.
In addition, due to the business nature of the company, many payments need to be settled at the end of the year, so employees have to wait until the end of the year to determine how much performance salary can be paid. In this regard, Ms. Wang said that the production of the company she participated in had already been sent to the customers, and there must be no problems with the quality. She was worried that when she resigned, the company did not issue any IOU, let alone explain it. If you don’t accept it at that time, you will be the one to lose!
Regarding this incident, according to the relevant regulations of the labor department, when both parties to the labor relationship terminate or terminate the labor contract in accordance with the law, the employer should pay the employee's wages in one lump sum when the labor contract is terminated. Here, what we call wages refers to the labor remuneration paid by the enterprise to workers in accordance with the labor contract, which includes time or piece wages, as well as bonuses, allowances, subsidies, overtime wages, and other special circumstances. wages paid.
Therefore, after Ms. Wang terminates her labor contract with the company, the company should settle her wages, including performance wages, in one go within 5 days after completing the labor contract termination procedures. When Ms. Wang has a labor dispute with the company due to wage payment issues, she can file an arbitration application with the local labor arbitration institution in accordance with the law. If you are dissatisfied with the arbitration award, you may file a lawsuit with the People's Court.
The final result of this incident was that the company paid Ms. Wang a one-time performance salary of 3,300 yuan. Both parties expressed no objections to this. This 3,300 yuan includes two months’ performance of 1,000 yuan and the last month’s performance of 1,300 yuan, totaling 3,300 yuan. I believe that not only Ms. Wang, many people will be troubled by salary issues when working, but we always need to remember one sentence, as workers, we have the right to defend our rights! Especially in terms of salary! If you have any other thoughts on this, rumors are welcome.
