Legal analysis
As long as the laborer provides labor services for the employer, the employer shall pay the laborer labor remuneration regardless of whether the labor contract is signed or not. If the employer fails to pay, the laborer may complain to the labor administrative department, and the labor administrative departments at all levels have the right to supervise the payment of wages by the employer. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, or it may order it to pay compensation. If the employer fails to pay the employee the salary for extended working hours, or if the salary paid to the employee is lower than the local minimum wage standard, the employer shall pay the employee regardless of whether the labor contract is signed or not. If the employer fails to pay, the employee may complain to the labor administrative department. Labor administrative departments at all levels have the right to supervise the payment of wages by employers. Workers who leave voluntarily are paid. However, if the employer has evidence to prove that the employee has caused certain losses to the employer, the employer may require the employee to make certain compensation.
legal ground
People's Republic of China (PRC) labor contract law
Article 18 If the standard agreement on labor remuneration and working conditions in a labor contract is not clear and causes disputes, the employer and the employee may re-negotiate; If negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or there is no agreed labor remuneration in the collective contract, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not stipulate working conditions and other standards, it shall be implemented in accordance with relevant state regulations.
Article 20 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.