Is it reasonable to deduct one month s salary from a sudden resignation?

The analysis is as follows: 1. This situation should not be deducted from wages by the employer; Because the employee resigns normally, it is illegal for the employer to deduct wages.

2. But if you resign in violation of labor laws and cause losses to the company, the company can require you to compensate.

3. Article 90 of the Labor Contract Law is as follows: 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, and causes losses to the employer, he shall be liable for compensation. If the employer claims compensation for losses, it shall bear the burden of proof for the losses.

4. If there is a labor dispute, you can complain to the labor and social security administrative department.

Not only is it unreasonable to deduct 1 month's salary, but you can't even deduct 218 yuan, didn't you leave the unit? You go to the local trade union to sue him, it's not impossible to go to the labor bureau, it's just that the efficiency is too low, and besides, you, an ordinary person, don't even have time to take care of you.

You go to the trade union, because the union is an organization that specializes in resolving this kind of dispute and defending the rights and interests of employees, and you sue him from work to the present.

First: overtime work is not paid on weekends and weekends.

Third: We don't even have basic welfare benefits, you say that we work so hard, this money is earned by a bead of sweat, they trample on our rights and interests so easily, please help me make the decision.

That's it.

It's definitely unreasonable, you go to the Internet to look at the labor contract law, you can complain to the local labor bureau about the wages to be rebated and the wages for overtime on Sundays.

It depends on whether you have signed a contract with the employer! If signed, reasonable! If you don't sign it, you can take certain measures to save your interests!

Reasonable, apply in advance.

This is a trick of the factory, you know that you can't keep people, so you can do even the most despicable things, and you can't get all the wages you deserve. Even if you go to the local bird place of any rank, it's useless, because they have long been. , society" is so realistic.

You go to the labor bureau, a friend of mine is also like this, and then I went to the labor bureau to mediate, but it's done, but.

If you quit your job in a hurry, you will be deducted 20%, and they will help you get it when you go to the labor bureau

How much salary is deducted for resignation?

Although it is unreasonable to complain to the Labor Bureau, how many people have time to accompany the Labor Bureau and the employer?

Legal analysis: It is illegal to directly deduct half a month's salary. It is illegal for an employee to resign normally and the employer to deduct wages.

Resignation does not require the consent of the employer. It is also not mandatory to fill out a resignation letter from the company.

1. Normal resignation. According to Article 37 of the Labor Contract Law, if you submit a written request to terminate the employment relationship 31 days in advance, you can leave your job without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

Second, quick resignation. If the employer has any of the circumstances specified in Article 38 of the Labor Contract Law (e.g., failure to pay social insurance, arrears of wages, etc.), you can leave immediately after you submit a written request to terminate the employment relationship, without the approval of the employer, and may request the payment of the remaining wages and economic compensation (the standard is one month's salary for every one year of service).

If the employer does not pay wages and severance and does not go through the resignation procedures, you may apply for labor arbitration.

Legal basis: Article 37 of the Labor Contract Law provides that an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 of the Labor Contract Law An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Hello, it is illegal to deduct half a month's salary in Shenzhen, because it does not comply with the provisions of the relevant labor law, although the emergency resignation has caused economic losses to the employer, but the deduction of wages cannot be higher than 20% of the current month's salary, and half a month's salary has been higher than 20%.

Article 16 of the Interim Provisions on Payment of Wages provides that if an employee causes economic losses to the employer 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 monthly salary.

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.

Therefore, it is illegal for Qinqin's company to do this, and Qinqin can apply for labor arbitration, or go to the labor inspection brigade to explain the situation, and can also get compensation.

Summary. Hello! <>

Dear, glad to answer for you! <>

It is not legal to deduct half a month's salary from a rush resignation! If the employee resigns in a hurry, the company shall calculate and pay the employee's wages according to the actual working hours of the employee. Only if the employer provides special training expenses for employees and provides them with professional and technical training, and fails to comply with the service period of the labor contract, a part of the training expenses can be deducted.

Is it legal to deduct half a month's salary from a job in a hurry?

Hello! <>

Dear, glad to answer for you! <>

It is not legal to deduct half a month's salary from a rush resignation! If the employee resigns in a hurry, the company shall calculate and pay the employee's wages according to the actual working hours of the employee. Only if the employer provides special training expenses for employees and provides them with professional and technical training, and fails to comply with the service period of the labor contract, a part of the training expenses can be deducted.

If the employer agrees, you can leave the job immediately, and if you do not agree, you can only wait for one month. For employees who leave the company without consent, if they do cause losses to the company, they can be deducted from their wages. However, the monthly deduction shall not exceed 20% of the salary of the current month, and the salary after deduction shall not be lower than the local minimum wage.

The law stipulates that if an employee formally resigns, the employer shall be notified in writing 30 days in advance, and the labor contract may be terminated. If the employment contract is terminated within the probationary period, the employment contract can be terminated by giving only three days' notice to the employer.