1. What should I do if the salary is wrongly paid to the departing employee? Resigned employees should pay more wages in time, otherwise it will constitute "unjust enrichment", and the employer can recover compensation through labor arbitration within one year after the employee leaves the company. Unjust enrichment refers to the interests that have no legal basis, or after losing the legal basis, it is confirmed that they have caused losses to others, and they should bear the obligation to return them. According to Article 92 of the General Principles of the Civil Law, if there is no legal basis to obtain improper benefits and cause losses to others, the improper benefits obtained shall be returned to the person who suffered losses. According to Article 27 of the Labor Arbitration Law, the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption. If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship. Two, the forms of wages are minimum wage, fixed wage and floating wage. Minimum wage 2011April, Ministry of Human Resources and Social Security held a press conference and announced 13 the minimum wage adjusted by provinces, autonomous regions and municipalities in the first quarter, with an average increase of 20.6%. The minimum wage standard refers to the amount of wages paid by the simplest and least skilled workers in an enterprise for working hours. The minimum wage standard is the basis for determining the wage difference, and its level largely reflects the overall level of macro wages. The determination of the enterprise's minimum wage standard is mainly based on the enterprise's own characteristics, but the following three factors should also be considered: 1) the national statutory minimum wage rate or the minimum wage standard. The enterprise minimum wage standard and the national minimum wage standard are not the same concept, but generally speaking, the enterprise minimum wage standard is higher than the national statutory minimum wage standard. 2) Based on the simplest and least skilled labor skills and achievements in the enterprise. 3) The minimum wage of enterprises should not be a fixed amount, but should be appropriately adjusted with the development of production and operation, the improvement of labor productivity and the change of the scale of enterprise wage funds. The meaning of fixed salary and fixed salary standard is that each salary level only stipulates one salary amount. Once determined, it will remain stable for a long time, which is not directly related to the economic benefits of the enterprise. This paper discusses the influence of the minimum wage standard in China on the employment of migrant workers. Research shows that there is a threshold for the minimum wage to affect the employment of migrant workers. Before this threshold, the increase of the minimum wage will promote the employment of migrant workers, and after this threshold, the employment of migrant workers will decrease with the increase of the minimum wage. Further analysis of regions and industries shows that the minimum wage has a positive effect in the east and west, and a negative effect in the middle. Manufacturing plays a positive role, while construction plays a negative role. Finally, this paper puts forward relevant policy suggestions. Floating salary means that the salary of employees fluctuates with the size of their labor results. Floating total wages usually do not include fixed subsidies (such as non-staple food price subsidies) and wages paid under special circumstances. Enterprises can choose the composition of the floating part of the total wages according to their needs. The meaning of floating wage standard is that each wage level stipulates two or three wages, which fluctuate with the economic benefits of enterprises and individual labor contributions.

Legal objectivity:

Article 985 of the Civil Code If the beneficiary obtains improper benefits without legal basis, the person who suffers losses may request the beneficiary to return the benefits obtained, except for one of the following circumstances: (1) payment for fulfilling moral obligations; (2) Liquidation before the maturity of debts; (three) knowing that there is no obligation to pay. Article 986 Where the beneficiary did not know and should not have known that the obtained interest had no legal basis and the obtained interest no longer existed, he was not obliged to return the interest. Article 987 Where the beneficiary knows or should know that the benefits obtained have no legal basis, the person who has suffered losses may request the beneficiary to return the benefits obtained and compensate the losses according to law.