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You have the right to submit a letter of resignation to the electronics factory after 12 days of employment. If you want to terminate the labor contract, you only need to submit a notice of termination of the labor contract to the labor and personnel department of the electronics factory in writing 3 days in advance.
If you continue to work for 3 days, you can stop working on the 4th day, and you have the right to request the electronics factory to go through the procedures for terminating the labor contract, and the electronics factory should handle it (Article 31 of the Labor Law, Article 37 of the Labor Contract Law), pay the local workers in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of dissolution or termination of the labor contract (Article 50 of the Labor Contract Law), otherwise the electronics factory is illegal.
Article 37 of the Labor Contract Law The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period.
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One is that factories generally do not consider this kind of temporary workers.
The second is that the salary on the 12th refers to the salary from the 1st to the 30th of the previous month.
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If there is no salary, the salary will be paid the next month.
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You have to type your resignation report a month in advance, or you will be in vain in 12 days.
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If the employer refuses to pay the wages, the worker can apply for labor arbitration and require the employer to pay the arrears of wages.
How to Apply for Labor Arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;
3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.
Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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First of all, you need to clarify when the specific date of the monthly salary is paid, and the factory does not settle immediately after leaving the factory, and sometimes the salary after leaving the factory may be paid with the regular salary payment day of all employees in the factory.
You can wait until the fixed payment date to see if the salary has arrived, and if not, you can contact the staff in charge of finance in your unit and submit a certificate of resignation. Generally, there will be relevant personnel to settle the salary for you, and it will never be paid, and there may be delays, which is very reassuring.
If you do not pay the salary after the resignation, you can first communicate with the staff of the unit or the leader before the resignation, if you can't solve it reasonably, you can ask for help from the trade union, of course, you can also use the law to protect your legitimate interests.
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Generally, the December salary will not be paid until the next month's salary date, so there is no need to worry.
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If the employee leaves on his own, the employer shall pay the employee's wages, but if the employer suffers certain losses due to the resignation of the employee, the employer may require the employee to pay certain compensation.
Article 90 of the Labor Contract Law of the People's Republic of China If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.
Article 16 of the Interim Regulations on the Payment of Wages and Wages Article 16 Where an employee suffers economic losses due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.
If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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The Labor Code stipulates that wages are paid on a monthly basis. It is okay to pay the previous month's salary in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.
Article 50 of the Labor Law: Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 7 of the Interim Provisions on Payment of Wages: Wages must be paid on the date agreed upon by the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failure to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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