If I leave my job without filling in the handover form during the probation period, will my salary b

If the employee resigns without filling in the resignation handover form during the probationary period, the employer shall pay the salary as usual if it is a normal resignation;

1. During the probationary period, the employer shall be notified three days in advance to terminate the labor relationship;

2. The probationary period shall be included in the term of the labor contract, and the probationary period agreed orally shall be invalid;

According to the provisions of the Labor Contract Law, after the probationary period, you should terminate the contract 30 days in advance, otherwise you will have to compensate for the losses caused to the employer, and on the other hand, you should also handle the work handover in accordance with the agreement between the two parties. Of course, you can get a salary. The specific legal basis is as follows:

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 three days in advance during the probationary period.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

Yes, three days in advance, just pay attention to the evidence of how many days in advance you mentioned above.

It depends on your luck, you usually can't get it.

Wages should be paid. Pay attention to gathering evidence.

1.During the probationary period, there is no resignation formalities, and the salary will be paid normally. Although many workers feel that they have not yet turned into a regular worker, they do not need to formally resign, and can just leave.

In fact, it needs to be submitted three days in advance. Some companies do not have a strict resignation process, so it is recommended that you leave the company after handing over the job the next day. However, some companies have strict rules and regulations, and if you leave the company directly, the employer can claim to bear the liability for breach of contract.

2.During the probationary period, if the employee does not submit his resignation three days in advance, the employer does not have any circumstances stipulated in Article 38 of the Labor Law. The worker left without leaving his post.

In this case, the employer may claim compensation for the employee's violation of the law, causing direct economic losses to the employer and the expenses incurred in recruiting the employee. Article 90 of the Labor Law stipulates that if a worker terminates a labor contract in violation of the provisions of this Law, laughs or violates the confidentiality obligation stipulated in the labor contract, and causes losses to the employer, he shall be liable for compensation. If the employer does not leave the job 30 days in advance, the employer does not have Article 38 of the Labor Contract Law, and directly submits the resignation letter and resigns.

At this time, you will be breaking the law, and the employer can require you to bear the direct economic losses caused to the employer and the costs incurred in recruiting you.

3.For many companies, especially those in the same industry, they pay great attention to the performance and reputation of their employees in the previous company. If he leaves the company without going through the labor separation procedures, it is very likely that something prohibited by the contract will occur, such as serious infringement of the company's interests or company secrets.

We can know that when we leave the company, we must go through the relevant resignation process, so that we can have enough evidence to prove that we resigned normally and not were fired, and then we can find the next new job.

4.During the entire contract signing process, both the employee and the employer need to pay attention to some issues related to dismissal and resignation, so as to avoid the situation that other procedures cannot be handled normally when the employee leaves the contract. Leaving the employer requires going through the relevant resignation procedures, but there are also cases where the employee leaves the company without going through the formalities.

During the probationary period, the employee can leave the company after giving three days' notice to the employer, but he or she still has to fulfill relevant obligations, such as job handover.

Although the subject mentioned that the employee did not give advance notice to terminate the labor contract when he left the company, the employee should receive the corresponding labor remuneration as long as he or she provided relevant labor services.

However, the sudden departure of the employee may indeed have had a negative impact on the company and caused some trouble to the company's business operations. At this time, the employer can temporarily withhold the payment of wages, because under normal circumstances, the employee and the employer complete the settlement of the company during the period when the employee leaves the company and goes through the resignation procedures. The employer can ask the employee to come to the company to go through the resignation procedures, and if the employee is unwilling to go through the relevant procedures, he will naturally not be able to get the salary.

In addition, if the employee's sudden resignation affects the company's business, or takes away some of the company's information, no matter what the reason is and causes actual losses to the company, the company can hold the employee accountable and even claim compensation.

Both workers and employers have their own responsibilities and obligations in their work, and they should strive to fulfill their responsibilities well, which is the core value of legal supervision.

Of course, it is not possible for the unit not to pay wages for the following reasons:

1) If an employee resigns during the probationary period, he/she shall notify the employer three days in advance in accordance with the relevant provisions of the Labor Contract Law before it can be deemed to have resigned legally. If an employee resigns during the probationary period and does not come to work without giving the employer three days' notice, the employer may calculate the absenteeism in accordance with the relevant provisions of the employee handbook, and if the number of absenteeism days reaches "serious violation of the employer's rules and regulations", the employee may be directly removed or dismissed.

Second, after dismissal and termination of the labor contract, it is necessary to send an email or text message to the employee to inform him of the employer's decision, and then calculate the number of wages payable according to the number of working days of the employee and his salary standard, and deduct the deduction of wages for violating the rules and regulations of the employer (such as absenteeism), and the actual salary should be clearly explained in the email to the employee, and inform the employee that if there is any objection, he can contact the personnel department of the unit.

Thirdly, such an approach can generally avoid conflicts and unnecessary disputes for the employer, and secondly, it can also give the employee a clear explanation.

To sum up, if the employee does not notify the employer of his resignation in advance during the use period, the employer cannot refuse to pay wages, and the wages that should be deducted by the employer can be deducted, and the wages that should be paid to the employees must also be paid in accordance with the regulations.

The salary should be paid at the original 70% because you are already on probation, and you have violated the relevant regulations by not going through the corresponding procedures when you left the company.

If you do not go through the resignation procedures during the probation period, the salary should be paid accordingly, is your company have such a regulation, if there is such a provision, you can go through the resignation procedures, if you don't handle it, you can directly find the financial or superior leader, explain your situation to handle it.

During the probationary period, regardless of whether you go through the resignation procedures or not, the salary should be paid according to your actual working days, that is, you will be paid a few days of wages after working for a few days.

Generally, it will be paid to the salary card the next month, provided that you must tell your boss that you have to leave the company.

Wages are also paid according to the number of hours they have worked, dividing their basic salary by the number of working days and multiplying them by the hours they have worked.

Resignation during the probationary period must be handed over as follows:

1. Resignation during the probation period requires handover of work, and resignation needs to be carried out three days in advance. The employer shall make a lump sum payment when both parties terminate or terminate the labor contract; If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law;

2. During the probationary period, employees only need to apply for resignation 3 days in advance, preferably in writing, if there is no writing, oral submission is also acceptable.

What is the overtime pay standard during the probationary period:

1. For overtime, the unit should pay no less than 150% of the salary as remuneration;

2. For overtime work on rest days, the unit shall pay no less than 200% of the salary as remuneration;

3. Overtime on annual leave must be agreed by the employee himself, and if he works overtime, he or she shall be paid 300% of the employee's salary income.

[Legal basis].Article 19 of the Labor Contract Law of the People's Republic of China.

If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

It is okay to leave the employee after the probationary period, but you must leave the job after three days, and you need to give three days in advance to leave the probationary period, and go through the handover procedures, regardless of whether the unit finds someone to take over your job, then the labor relationship will be terminated after three days.

1. Can employees leave after leaving during the probation period and no one hands over the employees?

If you resign during the probationary period, you need to notify the employer 3 days in advance to terminate the labor contract, and you can leave without handing over the employee;

Although there is no reason to leave the job during the probation period, there is no restriction on the form, as long as you tell the unit 3 days in advance, it is better to do a good job of handing over the work, and it is more appropriate to leave the job after being recognized by the leader.

Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment 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.

Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Therefore, during the probationary period, as long as the employee notifies the employer three days in advance, the employee can terminate the employment contract with the employer, and the employer shall pay the employee's wages in a lump sum when terminating the employment contract.

2. What should I do if I don't get paid during the probationary period?

When wages are owed to the employee, if the labor contract is not signed, the following evidence should be kept if you want to protect your rights: wage payment vouchers or records (employee payroll roster), records of payment of various social insurance premiums, "work permit" key and "service certificate" issued by the employer to the employee, employment records such as the employer's recruitment "registration form" and "registration form" filled in by the employee, attendance records, and testimony of other workers.

When an employer does not pay the wages due to the employee after resignation, it can be resolved in the following ways:

1.The employee negotiates with the employer.

2.Workers can file a complaint with the labor inspectorate or apply for labor arbitration to demand payment of wages.

Labor inspection complaints are simpler, suitable for small wages, less disputed, and free of charge.

Labor arbitration procedures are more numerous, suitable for more complicated or more wages, or need to apply for economic compensation, compensation, etc., and it is also free of charge.

3.Gather relevant evidence.

To sum up the above, the probationary period of resignation is required to be handled by employees according to the formal process, the probationary period needs to be notified three days in advance, and the formal employees need to be notified 30 days in advance, as long as the expiration of this time, regardless of whether the unit finds someone can leave at any time, and the unit also needs to fulfill its obligations according to the regulations.