Is it legal to resign without approving miners Is it legal to stop paying for 10 days off work a mon

Updated on society 2024-02-26
15 answers
  1. Anonymous users2024-02-06

    According to the Labor Contract Law, resignation only requires a written application 30 days in advance. That is to say, as long as you apply 30 days in advance, it is not your fault that you do not go to work after 30 days, it is not considered absenteeism, and it has nothing to do with the enterprise (unit), what is related is the relationship between the settlement of salary, insurance, and benefits. As for the 10-day work break, look over whether there are such labor agreement terms with the enterprise, and whether the salary is calculated by the piece or the number of days.

    Because as long as you don't have a specific minimum wage, then if the company pays you according to the local monthly minimum wage (usually only about 600 yuan in most parts of the country), the company is not considered a violation. However, if the employer has not signed an "employment contract" with you, it can be supplemented at twice the actual work salary. Of course, if you resign, don't forget to ask the company to make up for "endowment insurance and medical insurance", which is a must.

    In addition, if even a small number of people in the enterprise have paid the "housing provident fund", you can also ask the company to give you the same rights. If you still don't understand, you can go to the "Labor Arbitration Commission" under the Municipal (County) Labor Bureau to complain about the situation, and if necessary, submit the "Labor Arbitration Application" to the "Labor Arbitration Commission" to fight the so-called "labor lawsuit", free of charge. Generally, it is a dead dish of the enterprise, and it is safe to fight a lawsuit.

    You can also go to the local trade union organization to reflect the situation, the trade union will generally support it, and you can also stink the enterprise by the way. Okay, that's all. Good luck with you!

  2. Anonymous users2024-02-05

    It depends on whether your unit has regulations.

  3. Anonymous users2024-02-04

    Sue him, go to the local labor bureau to complain and apply for arbitration and claim compensation.

  4. Anonymous users2024-02-03

    After the automatic resignation, the salary shall be paid according to the actual number of days of attendance, and it is illegal to fail to pay the salary.

    According to Article 7 of the Interim Provisions on Payment of Wages, wages must be paid on the date agreed between 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 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the wages of the laborer in full at the time of dissolution or termination.

  5. Anonymous users2024-02-02

    According to the law, the resignation of employees who are not in the probationary period needs to be submitted one month in advance, in order to provide the company with enough time to recruit personnel and supplement the absence caused by your resignation. Therefore, as an employee, you should also think about the interests of the enterprise, and you can't ignore the interests of the enterprise for your own convenience.

    Similarly, even if you deliberately leave your job in violation of corporate regulations, you will be liable for liquidated damages unless you have a training service agreement signed at the time of employment. In addition, the employer cannot deduct the wages and remuneration you have provided for the normal work.

    Complying with the labor law in accordance with the law does not require enterprises alone, as the majority of practitioners, they must also conscientiously abide by the provisions of labor laws and regulations to create a harmonious and legal labor environment!

  6. Anonymous users2024-02-01

    1. According to the current relevant laws and regulations and case-handling practice, the employee and the employer only need to notify the employer in writing 30 days in advance to terminate the labor relationship.

    2. Therefore, you only need to notify the employer in writing 30 days in advance to terminate the labor relationship (i.e. resignation) between the employer and you, and go through the resignation procedures after the expiration.

    3. If you apply for termination of labor relations and leave your job immediately, the employer will usually withhold the equivalent of one month's labor remuneration as compensation for the loss of the unit, and the rest will be settled at that time. Therefore, there is a salary, and it is illegal for the employer not to pay the salary.

  7. Anonymous users2024-01-31

    If you do not meet the deadline mentioned in the labor contract, then you have the current month's salary and the previous month's salary is gone.

  8. Anonymous users2024-01-30

    If there are labor rules and regulations that comply with the law and stipulate that absenteeism from work for three days will be treated as voluntary resignation, it can be handled in this way, but this will not affect your salary for the time you have already worked.

    Generally, the employer will not pay your salary on the grounds that you have not handled the work handover, and if you want to come back, you can only apply for labor dispute arbitration.

  9. Anonymous users2024-01-29

    Resignation How much salary to be deducted During the probationary period, the employee can submit the resignation in writing 3 days in advance, and if the probationary period has passed, the employee can write 30 days in advance.

    The company shall settle the salary within three working days after the employee leaves the company, and the employee can ask the company to settle all your salary within three working days, and the company has no right to deduct money if you leave the company early or voluntarily.

    Employees can submit a resignation request to the company by express delivery, and at the same time keep the express delivery slip as evidence that they have submitted their resignation to the company in advance.

    Even if the employee voluntarily resigns or resigns urgently, the company should settle all the wages during the working period and cannot deduct the money.

    If the company suffers losses due to the early departure of employees, it should compensate for the losses, but this situation is mainly for senior managers or technical personnel, but such losses are generally difficult to prove, so enterprises should make relevant manpower preparations when recruiting personnel.

  10. Anonymous users2024-01-28

    Family rules, factory rules, state-owned national laws.

  11. Anonymous users2024-01-27

    Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

    Article 37 A worker 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. **Yu:Wuhu lawyer

    Article 38 A worker 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. **Yu:Yancheng lawyer

    Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

    Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. **Yu:Changsha lawyer

  12. Anonymous users2024-01-26

    The right to work is a fundamental right granted by the Constitution. No unit shall be compelled. The so-called right to work means that you can work from your home or not, and it is completely a matter for the employee and cannot be forced.

    If you don't want to do it, you can resign by submitting a resignation application.

    If the company does not allow you to do it, and then deducts money, you can call the police, or the labor inspection brigade. or initiate arbitration.

  13. Anonymous users2024-01-25

    After resigning according to the normal procedures and not being approved, you can file a complaint with the Labor Bureau.

  14. Anonymous users2024-01-24

    It is necessary to apply 30 days in advance, and if not, labor arbitration is required.

  15. Anonymous users2024-01-23

    1.Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded for the establishment of an employment relationship. Article 18 of the Regulations for the Implementation of the Labor Contract Law stipulates that under any of the following circumstances, an employee may terminate a fixed-term labor contract, an indefinite-term labor contract or a labor contract with a term of completion of a certain work task with the employer in accordance with the conditions and procedures stipulated in the Labor Contract Law

    10) The employer violates the mandatory provisions of laws and administrative regulations; According to the above-mentioned legal provisions, it is mandatory for the employer and the employee to sign a labor contract, so if the employer has not signed a labor contract with you, you can terminate the labor relationship at any time. 2.Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis.

    Wages shall not be deducted or unjustifiably delayed. Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) the wages of the worker are deducted or in arrears without reason; (2) Refusal to pay wages and remuneration for extended working hours; According to the above-mentioned legal provisions, the employer cannot refuse to pay wages for any reason, otherwise it is an illegal act, and you can go to the labor bureau to complain.

    It is recommended that you negotiate with the employer about the payment of wages first, and if you can't negotiate, you can go to the labor bureau to complain. The above suggestions are for your reference.

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