Traditional Culture Encyclopedia - Hotel franchise - Is there any salary during the probation period?

Is there any salary during the probation period?

Legal analysis: there is salary during the probation period. After the laborer normally performs the labor contract, the employer shall pay the laborer the corresponding salary. The simplest way is to complain by phone to the local labor law enforcement supervision brigade, which will supervise and inspect the employer according to law and order it to pay the arrears of wages. Please consult the local labor department in detail for the complaint telephone number. The local people's court.

Article 30 of the Labor Contract Law of People's Republic of China (PRC) stipulates that if the employer defaults or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law. Local labor administrative department. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no charge, no lawyer) and claim compensation from the unit through the award issued by labor arbitration. If you don't pay compensation, you can apply to the court for enforcement. (Limitation for filing labor arbitration: 60 days; That is, workers should apply to the Labor Arbitration Commission for arbitration within 60 days from the date of the labor dispute. However, many workers have always questioned how to define the "date of labor dispute". According to Article 2 of the Judicial Interpretation of Labor Disputes, the dispute over unpaid wages shall be calculated from the date when the employee receives the written notice of "refusing to pay wages" from the employer, otherwise, the "date when the employee claims his rights" shall prevail. Paragraph 4 of Article 19 of the Labor Contract Law states that the probation period is included in the term of the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract. Article 20 stipulates that the wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Legal basis: Article 30 of the Labor Contract Law of People's Republic of China (PRC) * * * The employing unit shall pay the laborer's labor remuneration in full and on time in accordance with the stipulations of the labor contract and the provisions of the state.

If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.

Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:

(1) Failing to pay laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;

(2) Paying workers' wages below the local minimum wage standard;

(3) Arranging overtime without paying overtime;

(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.

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The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.