The minimum wage does not include overtime pay. According to the "Regulations on Minimum Wage", overtime pay, special allowances, and welfare benefits are not included in the calculation of the minimum wage. Employers are not allowed to offset the minimum wage with overtime pay.
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If an employer fails to pay wages or fails to pay social insurance premiums, the employee may lawfully terminate the employment relationship and claim economic compensation, which shall be calculated based on the length of service; the employer must notify the employee in writing of the statutory grounds for termination and retain evidence thereof.
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The unpaid wages can be negotiated, and complaints, arbitration, litigation, and enforcement can be monitored. If the employee is forced to terminate the employment contract due to unpaid wages, they can claim economic compensation, and if the employer still refuses to pay, the employee can demand additional compensation.
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The unit must record and keep the wage payment vouchers in writing for more than two years and provide them to the workers. Refusing to provide them violates the "Interim Regulations on Wage Payment", and the unit shall bear the burden of proof in the event of a dispute.
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If an employee has worked for the employer for one year without signing a contract, it shall be deemed that a non-fixed-term contract has been concluded, and the employee may claim double wages for the period from one month to 11 months before the expiration of the contract. The employer shall not raise any objection to the non-signing of the contract anymore.
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For employees who have not signed a written labor contract, the maximum amount of double pay is 11 months, calculated from the day after they start working to the day before their one-year anniversary; after one year, the contract is considered to have no fixed term, and the employee can still claim double pay for 11 months.
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During the probationary period, the employer is not exempt from liability. Unjustified dismissal during the probationary period is an illegal termination, and the employee can claim compensation (twice the amount of economic compensation). The economic compensation is calculated based on the employee's length of service, and the employer must provide evidence to prove that the employee does not me...
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During the probationary period, a written labor contract should also be signed. If no contract is signed, the employer shall pay the employee double the salary from the first month of employment; and terminating the contract on the grounds of non-registration, etc. is an illegal termination.
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After the joint and several liability guarantor has paid off the debt, he/she may, in accordance with the law, seek recourse from the debtor and enjoy the rights that the creditor has against the debtor. He/she must assert these rights in a timely manner.
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Gambling debts are illegal and not protected by law. Moreover, if the debts are not used for the family's common life, they do not constitute marital debts, and spouses generally do not need to repay them.
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The principle that "a son must repay his father's debts" is not absolutely applicable. Heirs shall repay the debts within the actual value of the inherited estate. If they renounce the inheritance, they shall not bear the responsibility for repayment, and children are not automatically jointly and severally liable.
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If the promissory note does not stipulate a repayment period, the creditor can claim repayment at any time, and the statute of limitations starts from the expiration of the grace period for the reminder; while the debt note starts from the due date or the date of issuance. The starting points of the two are different.
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It is illegal to charge interest upfront. The interest charged in advance should be deducted from the actual loan amount to determine the principal and calculate the interest; and the interest charged in disguise through service fees should also be refunded to the actual principal.
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Compound interest is not necessarily protected. The interest earned in the early stage must not exceed four times the LPR when the contract is concluded. The excess part will be removed by the court, and the total fees are also subject to a cap.
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The interest rate of private lending shall be capped at four times the one-year LPR rate when the contract is concluded. Interest exceeding the cap will not be supported, and the excess amount paid can be claimed as a deduction from the principal.
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