Why do many companies choose to pay their salaries on the 15th? Salary | Employer | Number 15

Recently,

"Why do many companies choose to pay their salaries on the 15th?"

The topic surged into Weibo hot search.

Many netizens have expressed that,

I will also receive my salary on the 15th;

In media initiated surveys,

The option of "pay last month's salary on the 15th" is far ahead,

Accounting for 37.5% of the total number of participants.

01

Why not pay this month's salary at the end of the month?

If wages are related to the joys and sorrows of workers, then the joys and sorrows of humans are not the same. Some people pay their current month's salary at the beginning of the month, while others pay their previous month's salary at the end of the month, with a time difference of nearly 2 months.

Some people classify enterprises into three categories based on different time periods of paydays:

Before the 10th: mostly high-tech companies, listed companies, foreign-funded companies, state-owned enterprises, with good welfare benefits, timely salary payment, and early salary payment during holidays;

10-15: Some A-share listed companies and companies with good performance, sound systems, and emphasis on management, with sufficient and stable working capital;

After the 15th: mostly small enterprises, especially in the social service industry and labor-intensive companies, with poor personnel stability, high mobility, and no fixed rest days and benefits;

No fixed time: Most companies are unreliable and may not be able to settle payments on time even after leaving, and basic social security benefits may not be guaranteed.

However, this viewpoint is not entirely accurate, and the date of salary payment does not fully reflect the quality of the company.

Salary requires time to be counted and calculated, and the larger the company, the greater the amount of salary calculation. Therefore, the common practice for enterprises is to pay last month's salary on the 15th.

In addition, some companies that need to calculate performance or sales commissions may choose to pay salaries in two installments; Some companies choose to pay salaries later in order to save costs and expedite the flow of funds.

It can be seen that the earlier a company pays its salary, the better it is. But for companies that often default on wages, be sure to keep your eyes open!

02

What are the legal regulations on the payment date of wages?

The labor law does not specify a specific period for employers to pay wages to workers.

Article 7 of the Provisional Regulations on Wage Payment stipulates that wages must be paid on the date agreed upon between the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Salary should be paid at least once a month. For those who implement a weekly, daily, and hourly wage system, wages can be paid on a weekly, daily, and hourly basis.

The regulations vary in different regions.

In some regions, the salary payment regulations clearly specify the time range for salary payment, and units should strictly follow local regulations to set reasonable salary payment dates.

As the wage payment regulations in Shenzhen specify, if the wage payment period does not exceed one month, the agreed wage payment date shall not exceed the seventh day after the expiration of the payment period. If the employer is unable to pay wages on the agreed salary payment date due to unforeseen circumstances, an extension of 5 days may be granted; If it is necessary to extend the period for more than five days due to production and operation difficulties, the written consent of the labor union or the employee of the unit shall be obtained, but the maximum period shall not exceed 15 days.

In some regions, there is no clear regulation on the payment date of wages in the local wage payment regulations. Units mainly rely on the agreed payment date in the labor contract, and only need to ensure that wages are paid at least once a month. The specific payment date can be determined by themselves.

According to the Shanghai Wage Payment Regulations, employers should pay wages at least once a month. The specific date for paying wages shall be agreed upon between the employer and the employee. If wages are paid through the bank during statutory holidays or rest days, payment of wages shall not be postponed; For direct payment of wages, the wages should be paid in advance.

The Regulations on Wage Payment in Fujian Province stipulate that employers shall pay wages at least once a month, and shall pay wages on the date specified in the labor contract. If the salary payment date falls on a statutory holiday or rest day, it should be paid in advance on the nearest working day.

03

What should the company do if it fails to pay wages on time?

Article 30 of the Labor Contract Law stipulates that the employer shall, in accordance with the provisions of the labor contract and national regulations, timely and fully pay labor remuneration to the employee. If an employer fails to pay labor remuneration in full or in arrears, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

The Supplementary Provisions on Relevant Issues point out that if an employer is affected by production and operation difficulties or capital turnover, and obtains the consent of the labor union of the unit, the payment of wages to workers can be temporarily postponed.

If an employee encounters a situation where the employer fails to pay labor remuneration in full or in arrears, they can take the following measures to protect their legitimate rights and interests:

① Clarify whether the employer's delayed payment of wages has gone through democratic procedures.

② If the employer fails to pay wages, the worker can protect their rights in accordance with the law. Not only can rights be claimed through labor arbitration and litigation, but also by applying for a payment order from the local people's court or filing a complaint with the labor administrative department in accordance with the law.

③ Clarify the reason for resignation and safeguard their right to demand economic compensation from the employer in the future.

According to the Labor Contract Law, if a unit fails to pay labor remuneration in a timely and sufficient manner, the employee may unilaterally terminate the labor relationship and demand that the unit pay economic compensation.

If the employer is unable to pay wages on time due to objective circumstances such as force majeure, the correct approach should be:

① Negotiate and reach an agreement with the trade union or employee representatives of this enterprise. Mainly inform the legitimate reasons for not being able to pay on time, and obtain understanding from the union or employee representatives for delaying the payment of wages.

② The specific deadline for negotiating an extension. According to the actual situation, enterprises should negotiate with the trade union or employee representatives on a specific date for postponing the payment of wages.

③ The agreed extension of the salary payment period should be made public or communicated to all workers, which also ensures their right to know.

04

Unauthorized deduction of wages, illegal!

In addition, in addition to wage arrears, we should also be aware of the following situations of wage deductions:

① Taking leave to deduct three times salary is illegal

If a worker takes personal leave, the calculation formula for wages is: x daily wage

For example, if A's monthly salary is 2175 yuan, then the daily salary is 2175 ÷ 21.75=100 yuan. If A takes 4 days of personal leave in October, then A actually worked 17.75 days in October. Therefore, the salary for October is 17.75 x 100=1775 yuan.

② Illegal deduction of wages during prenatal check ups for pregnant female employees

Article 6 of the Regulations on the Labor Protection of Female Employees stipulates that pregnant female employees shall undergo prenatal examinations during working hours, and the time required shall be included in their working hours.

In the Q&A, it was further explained that prenatal examinations for female employees should be treated as attendance and not as sick leave, personal leave, or absenteeism; For female workers on the front line of production, the production quota should be correspondingly reduced to ensure prenatal inspection time.

③ Employee resignations and illegal deduction of wages by the company

Article 50 of the Labor Law stipulates that wages shall be paid to the worker in monetary form on a monthly basis and shall not be deducted or unreasonably withheld from the worker's wages.

Article 37 of the Labor Contract Law stipulates that an employee may terminate the labor contract by giving written notice to the employer 30 days in advance.

④ Illegal deduction of salary by the employer for late arrival at work

The behavior of workers being arbitrarily late should be considered a violation of labor discipline. Employers should have the right to impose certain penalties on such behavior in rules and regulations or enterprise reward and punishment systems, in order to achieve equal rights and obligations of both parties.

Article 11 and Article 12 of the "Regulations on Rewards and Punishments for Enterprise Employees" promulgated and implemented by the State Council in 1982 stipulated the right of enterprises to impose fines. However, this regulation was abolished on January 15, 2008.

That is to say, after January 15, 2008, employers can no longer establish penalty clauses in their rules and regulations according to the provisions of this regulation.

Therefore, ordinary employers have no right to impose economic fines on workers.

Of course, if an employee is late for a long time, the company can deduct the corresponding amount of unpaid wages, such as a daily salary of 200 yuan and eight hours of work time. If the employee is late for one hour, the daily labor remuneration that the employee should receive should be deducted from the hourly wage of 25 yuan for one hour, which is 175 yuan.