According to the "Interim Provisions on Wage Payment" of the Ministry of Labor of China
Article 9 If the labor contract is dissolved or terminated by both parties in labor relations according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.
According to the provisions of the China Labor Contract Law,
Article 39? In any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) Because of Article 26 of this Law? The circumstances specified in item 1 of the first paragraph render the labor contract invalid;
(6) Being investigated for criminal responsibility according to law.
Extended data:
Related cases:
"I was dismissed after five days of work, and I didn't get the promised salary." Yesterday, Yang called our party newspaper hotline 8375111to report that he was owed wages during his internship in Fuzhou Brothers Company.
Yang reflected that during the "Double Eleven" period, he and another classmate entered the brother company for internship and engaged in gift sales after being introduced by a friend. "At that time, I was received by Lin Jian, director of human resources of the company. He promised an internship salary of 3,000 yuan a month. " Yang said.
After working for 5 days, Yang was dismissed by the company for reasons such as "poor work attitude" and "unable to achieve the sales target". "At that time, the head of human resources told us that wages should be settled according to the number of working days, and there should be 500 yuan in five days.
Yang told reporters that during the Double Eleven period, the company had a heavy task and a heavy workload. They followed the manager to dozens of stores to promote sales and packed a lot of double eleven goods. Now the company not only refuses to pay wages, but also refuses to issue an internship certificate. "Now the attitude of the company makes me feel that they want to take advantage of the' Double Eleven' to hire labor for free."
Subsequently, the reporter contacted Lin Jian, the human resources director of Zheng Rong Brothers Company. He said that Yang came to the company three days late for five days, and his work attitude was sloppy, which seriously affected the company's sales progress and plan. "The company stipulates that employees who are late for more than five times in a month will be dismissed." He said that although Yang's lateness did not exceed the prescribed number, the company could not continue to accept such employees.
"As long as you work hard, you can't default on wages for any reason." Lawyer Sun of Fujian Yajia Law Firm said that Yang had an oral labor agreement with the internship company, and he could apply to the labor department for labor arbitration and ask the company to pay unpaid wages.
Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law
People's Daily Online-Being dismissed after 5 days of internship? College students failed to ask the Zheng Rong brothers for wages.
Baidu Encyclopedia-Interim Provisions on Wage Payment