Does Lu Yusitong Wheel Company get a week's salary?

Paid, as long as it is a legal labor relationship, is paid, the employer shall not deduct.

Labor law of the people's Republic of China

Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.

Interim provisions on wage payment

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.

Extended data

Cases of rights protection for unpaid wages:

Xiaomou worked in a technology company from 20/KOOC-0/6/KOOC-0/October 20 to 20/KOOC-0/March 6, 7. 2065438+On March 6, 2007, Xiaomou left the company, and the company owed Xiaomou a salary of 25,727 yuan. Through negotiation between both parties, the company promised to settle the arrears of wages before June 2065438+2007, and issue an IOU to Xiao. After 2065438+August 2, 2007, the company only paid Xiaomou 5000 yuan, and still owed 20737 yuan.

Xiaomou applied to the court for a payment order and asked the company to pay the arrears of 20,737 yuan. After the court issued the payment order, the respondent failed to raise a written objection within the statutory time limit, and the payment order became legally effective.

Applicant Wang applied to the court for a payment order, demanding that the respondent Du Mou pay 22,000 yuan for materials and working hours. After the respondent raised a written objection within the statutory time limit, the court ruled to terminate the supervision procedure of this case, and the case acceptance fee was borne by the applicant Wang. If Wang wants the money back, he must sue separately.

Article 30 of the Labor Law stipulates: "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."

Applying for a payment order has the characteristics of non-litigation, simplicity and flexibility, but applying for a payment order must meet the conditions that the creditor's rights and debts between the applicant and the respondent are specific (so interest or compensation are not within the scope of application of the payment order) and there are no other creditor's rights and debts disputes.

Taking this case as an example, once the other party raises a written objection within the statutory time limit, the payment order is invalid, and the applicant needs to sue separately, which will of course increase the applicant's time cost and litigation costs, so it is necessary to choose carefully.

People's Daily Online-How can workers who are in arrears of wages defend their rights?

Baidu Encyclopedia-Interim Provisions on Wage Payment

Baidu Encyclopedia-Labor Contract Law