TIPS | What to do if your company doesn't provide salary slips

Every month, employees receive a salary slip after receiving their salary. The salary slip is a slip that the employee's unit regularly reflects the salary of the employee, but not all units give the employee a salary slip. The detailed list is sent to employees, but some units are not. 

What if the company does not provide a pay slip?

Is it illegal?

If the employer fails to issue and provide salary details (salary slips) on time, employees may report to the local labor inspection team by calling 12333 (in Chinese) or by going to labor inspection team（劳动监察大队）under the bureau of human resources and social security（人力资源和社会保障局）.

The Labor Law stipulates that employees have the right to know and supervise the wage distribution plan prescribed by the enterprise, which means that employees have the right to know their own benefits and wage composition. Therefore, the company does not provide pay slips is an infringing act.

Article 6 of the "Interim Provisions on Wage Payment" stipulates that the employer may entrust the bank to issue wages on its behalf. The employing unit must record in writing the amount, time, name and signature of the wages paid to the worker, and keep it for more than two years for future reference. Employers should provide workers with a personal salary list when paying wages.

《工资支付暂行规定》第6条规定：用人单位可以委托银行代发工资。用人单位必须书面记录支付劳动者工资的数额、时间、领取者的姓名以及签字，并保存两年以上备查。用人单位支付工资时应向劳动者提供一份其个人的工资清单。

The salary slip should be the details of the salary that the company sends to employees each month so that employees can clearly understand their income composition. In the event of a dispute, the pay slip can be used as proof of employees' income and other details in this company, and can also monitor the timely payment of wages by the enterprise.

In addition, the payroll can be more comprehensively reflect the total monthly salary of employees, whether it is lower than the minimum wage standard, whether the company has deducted the employee's endowment insurance, medical insurance, work injury insurance, unemployment insurance, housing provident fund, and personal income tax from the salary. Let employees supervise whether the unit deducts other items that should not be deducted, etc. In the event of a labor dispute, the wage slip can be used as important evidence of labor arbitration and employees must keep it carefully.

Matters needing attention when complaining about employers not paying salary:

Due to insufficient evidence or inadequate materials, many workers are unable to carry out investigations in a timely manner, and they often "run for nothing." Therefore, workers are reminded to bring the following materials when complaining about wage arrears:

1. Written complaint materials (including the name of the complained unit, the place where the business license is registered, the address of the unit and the telephone number of the person in charge, my name, address, the type of work performed, the start and end of the work, the amount of arrears, the number of people involved and their contact numbers)

Quick Tip:

You can enter the company/school name in Chinese on the website below and print out employer information in a paper.

2. A photocopy of the labor relationship certification (such as a labor contract)

3. Proof of payment of wages copy (such as labor units issued a debit note, timesheets, payroll table)

4. Other supporting materials (For not signing a labor contract, you can pass the work permit or the certificate of entry and exit bureau (resident permit))

5. Valid legal certificates and photocopies of the personnel involved (ID card or Passport)

The employer shall inform the employees of the details of their monthly wages, which is an aspect of protecting the rights and interests of employees. Employees who have questions about receiving wages may consult with the employer first. If they cannot resolve the issue, they may enter judicial procedures for help.

Note:

This article only serves basic understanding and help to people in need. You are required to contact legal departments whenever there is any need for legal help in the mainland.

This article was written by AnyShanghai advisor Jatin Rajpura. He can offer help in expat community management and expat work affairs.

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Jatin Rajpura

(AnyShanghai Advisor)

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