Salary after resignation under the new labor law, how to calculate the salary after resignation unde

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Secondly, after the employment relationship is confirmed, the employer may be required to pay back wages for the illegal act of arrears of wages. From the date of employment, double wages are not signed within one month without signing a written labor contract.

Third, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

1. Strictly speaking, there is no such thing as temporary workers, and everyone should sign a labor contract. It is illegal for the company to not sign an employment contract with you, and you should pay double wages from the second month.

2. Equal pay for the same position is also stipulated in the Labor Contract Law, and you should not be paid lower than other personnel in the same position.

3. What you said about leaving, is it the resignation of the person or the resignation of the company, and if it is the resignation of the company, compensation should be paid.

4. After the handover is completed, negotiate with the company on the date of payment of wages, and you can not pay it together with others.

If the company does not perform, you can go to the labor arbitration department to appeal, and it will be accepted, and the majority of the workers support it.

Resignation wages under the new labor law, 1. According to the provisions of the labor law, the statutory public holidays are 104 days a year, and the statutory holidays are 11 days, and the working hours and overtime wages are calculated according to the following prescribed methods: aCalculation of working hours of the system:

Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) = 250 days Quarterly working days: 250 days 4 quarters = days Quarterly monthly working days:

250 days in December = days in month bConversion of daily and hourly wages: Calculation of working hours:

Multiply the working days by monthly, quarterly, and annual multiplied by 8 hours per day. Daily wage: monthly wage income Monthly pay days Hourly wage:

Monthly salary income (8 hours of paid days per month). Monthly payroll days = (365 days - 104 days) December = days cCalculation of overtime pay:

Overtime pay for extended working hours per day: (Actual working hours - 8 hours) Hourly wage 150% Overtime pay on statutory public holidays: 200% daily wage Overtime pay for statutory holidays:

300% of the daily wage 2. According to the above provisions, your salary shall be: Wages for normal working hours.

If you feel that it is unreasonable, you can apply for labor arbitration. Will solve it for you for free.

I have experienced it myself, and we can go to the labor station (sub-bureau) together, and we can quickly negotiate a solution. It is not an application for a labor dispute. It's a long time.

The company shall settle the salary on the day of completion of the resignation procedures.

However, if the employee terminates the labor contract in violation of the law and causes economic losses to the employer, the employer shall be compensated for the economic losses, and the compensation for the economic losses can be deducted from the wages of the employees themselves. 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 standard, the god will be paid according to the minimum wage standard.

Mold. Legal basis: Article 16 of the Interim Provisions on Payment of Wages? If the employee causes economic losses to the employer due to the employee's 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.

If the employer does not pay the salary, the employee can protect his rights and interests by filing a complaint or filing a labor arbitration. Voluntary severance pay is calculated as the current month's salary divided by the number of days of attendance divided by the number of days of actual attendance. If the employer refuses to pay the employee's wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

Legal basis: 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. Article 18 stipulates that labor administrative departments at all levels have the right to supervise the payment of wages by employers.

If an employer commits any of the following acts that infringe upon the lawful 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) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3 Shi Bend) is lower than the minimum wage standard of Dangtandi to pay the wages of laborers. 2. How to calculate the automatic resignation salaryThe automatic resignation salary is calculated according to the actual number of days of attendance in the month, the salary of the month, and the number of days of attendance in the month.

For example, if the monthly salary is 3000 and the actual number of attendance is 15 days, because the number of days of attendance is 22 days, then the monthly salary is 3000 divided by 22 times 15. 3. Is there unemployment benefit for voluntary resignation? There are certain conditions required to receive unemployment insurance benefits:

1.Participating in unemployment insurance in accordance with regulations, and the employer and the person have fulfilled their obligation to pay contributions in accordance with the provisions for one year; 2.Interruption of employment not due to the person's will; 3.

Those who have already completed unemployment registration in accordance with legal procedures.

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

The settlement of wages for resignation under the Labor Law shall be a lump sum payment of wages to the employee by the employer when both parties dissolve or terminate the labor contract, and if the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law.

[Legal basis].

Article 9 of the Interim Regulations on the Payment of Wages.

When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Article 50 of the Labour Code.

Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 51.

The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.

1. How to calculate the salary for resignation and immediate resignation under the new labor law?

1. Under the new labor law, the employer shall pay the employee's salary in one lump sum when the labor contract is terminated or terminated. If the employee illegally terminates the labor contract and causes economic losses to the employer, the employer shall be compensated for the economic losses, and the compensation for the economic losses may be deducted from the employee's own salary. However, the monthly deduction shall not exceed 20% of the monthly salary of the worker.

2. Legal basis: Article 16 of the Labor Law of the People's Republic of China.

The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages. Wages must be paid on the date agreed between the employer and the employee.

If the letter falls on a holiday or rest day, it should be paid in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented. For employees who have completed one-time temporary work or a certain job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.

2. What is the difference between resignation and resignation?

Filing for resignation and voluntary resignation have an impact on the rights and interests of individual employees. Applying for resignation means that the employee resigns from the original unit in accordance with the law and procedures, and the national laws and regulations protect the rights and interests of the employee who applies for resignation. Voluntary resignation is a violation of the Labor Contract Law by an employee, and the national law punites this behavior to a certain extent, which is reflected in the fact that if the employee is hired by another unit in the future, his length of service will be calculated from the date of re-employment, and his length of service in the original unit will no longer be calculated.

The length of service may affect the salary, welfare, social security, medical insurance and other aspects of the employee's treatment in the new employer. Therefore, when an employee decides to resign, the best thing to do is to first submit a resignation letter directly to the supervisor, honestly explain the reason for the resignation, and then discuss with the supervisor how to transfer the work reasonably, and both parties should try to be reasonable and legal in the resignation process.