Can I get my salary back if I didn t resign three days in advance during the probationary period, ur

Since you decided to terminate your employment relationship with the employer during the probationary period because you were admitted to the civil service examination, the employer has no reason to stop you from terminating the labor contract in accordance with the first paragraph of Article 32 of the Labor Law, which stipulates that "the employee may notify the employer to terminate the labor contract at any time during the probationary period".

There is no need to reason with the unit that it is illegal not to give a contract during the probationary period, and there is no need to worry that the unit without a contract will remember to deduct your salary for this month, because the law clearly stipulates that this situation similar to what you encounter.

1. Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations

1. "If an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances, the labor relationship shall be established.

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business. ”

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" of the employer filled in by the worker.

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

Therefore, although your employer does not give a contract during the probationary period, it has fulfilled a stage of probationary period and has formed a de facto labor relationship with the employer, and if you provide labor for the unit, the employer must pay you wages or remuneration. Otherwise, it will infringe on your legitimate rights and interests and form a labor dispute with you.

You can file a labor arbitration complaint with the labor dispute arbitration commission of the company's domicile and request the awarding unit to pay the deducted wages and 25 economic compensation.

40. If an employee terminates a labor contract in accordance with Article 32 (1) of the Labor Law, the employer may not pay severance but shall pay wages according to the actual number of days worked.

Article 82 of the Labor Law stipulates that "the party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute." ”

Refer to the provisions of the Ministry of Labor and Social Security's Notice on Matters Concerning the Establishment of Labor Relations.

The following is a part of the labor contract law that I have captured.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus 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.

Article 38 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.

It depends on your specific situation, for example, the boss agreed to your request at that time, and whether you signed the contract at the beginning, because the probation period is also included in the contract period, and the labor contract only stipulates the probation period, the probation period is not established, and the term is the term of the labor contract.

In short, it is necessary to analyze specific problems and find a legal basis, but it is undeniable that there are still many imperfections in the current labor law, which allows black-hearted bosses to take advantage of loopholes.

Hehe, analyze it yourself, and if it's convenient to consult which free legal aid centers are available in person.

The employer may terminate the labor contract under any of the following circumstances: (1) the employee fails to provide labor protection or working conditions in accordance with 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 lawful rights and interests of workers; (5) The labor contract is invalid due to the fault of the employer; 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.

If the above situation happens, you are absolutely justified, you can move out of this and ask the boss for money, and the salary cannot be lower than 80% of the regular employee, and the salary cannot be lower than the minimum wage.

Legal analysis: The probationary period was not notified to the unit three days in advance, and there was a salary for leaving the company without authorization. During the probationary period, the employee may terminate the labor contract by notifying the employer of the employer with a deficit three days in advance. Otherwise, if it causes losses to the employer, it shall be compensated.

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a 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 period of the test empty shed shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be less than 80 percent of the minimum wage of the same post or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Legal analysis: You can receive a salary. Three days' notice of the probationary period is a legal condition for the employee to terminate the employment contract relationship, not a condition for the payment of wages.

As long as you put in the work, you can get paid, and no one can deprive the laborer of the right to receive labor remuneration.

Legal basis: Article 30 of the Law of the People's Republic of China on Labor Contracts in Closed Hands Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

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, and the people's court shall issue a payment order in accordance with the law.

Legal analysis: wages shall be paid to the worker himself on a monthly basis in the form of money, and the wages of the worker shall not be deducted or owed without reason. Article 30 of the Labor Contract Law stipulates that the employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

Legal basis: Interim Provisions on Payment of Wages 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 employee's wages in a lump sum when the labor contract is dissolved or terminated.

Legal Analysis: Yes, wages are paid as agreed. The resignation of the employee three days in advance is a legal termination of the labor contract, and the employee can leave the job directly without the consent of the employer.

If the resignation is not given 3 days' notice, it may cause economic losses to the employer, and the losses shall be borne by the employee.

Legal basis: Interim Provisions on Payment of Wages 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 employee in a lump sum when the contract is terminated or terminated.