Is it a violation of labor law to hold wages for one month?

Mondo Social Updated on 2024-01-31

First of all, we need to make it clear that China's "Labor Law" clearly stipulates that workers who have paid for labor and provided labor ability in accordance with the statutory or agreed working hours should receive labor remuneration in accordance with the law. That is to say, wages are the return of the labor's labor, which should be paid on time according to the agreed or contracted period, and cannot be arbitrarily delayed or deducted. This is stipulated by law and is also the protection of the rights and interests of workers.

Specifically, the relevant provisions on the payment of wages in the Labor Law include, but are not limited to, the following:

1.Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

2.Enterprises should pay wages directly to the workers themselves, and cash payments are strictly prohibited.

3.If the employer fails to pay wages in a timely manner in accordance with the agreement or regulations, the employee has the right to request the employer to pay the wages and give certain economic compensation in accordance with the law.

So back to the situation of the salary pressure for one month mentioned in your question, if this situation does exist and is not agreed upon by both parties, or it is not dealt with in accordance with the law, then there is no doubt that this is a violation of our "Labor Law". This is not only a violation of the relevant provisions of the law on the payment of wages, but also a violation of the terms of the payment of wages to employees.

However, it should be pointed out that China's Labor Law does not prohibit the employer and the employee from agreeing in the labor contract that the wage payment method is one month or other forms. If the parties expressly agree in the contract that the salary will be paid after one month, then such an agreement is legal and valid. In this case, a month's wage reduction does not fall within the scope of a violation of labor law.

In summary, whether or not there is a violation of labor laws depends on the specific situation. If the employee's salary is deducted for one month and is not agreed upon by both parties or is not dealt with in accordance with the law, it is a violation of the labor law. Therefore, when dealing with the issue of wage payment, employers should strictly abide by the Labor Law and other relevant laws and regulations of the People's Republic of China to protect the legitimate rights and interests of employees. Is it reasonable to press the salary for a month?

Related Pages