The company said that it was not correct for employees who left the company to delay the payment of

According to the regulations, after the employee completes the resignation procedures, the company should settle the salary, otherwise, the employee will report to the labor bureau for resolution.

Wages should be settled on the day of termination of the labor contract.

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 a lump sum at the time of dissolution or termination.

Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.

If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.

Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal Analysis: If an employee resigns, the employer shall pay the employee all wages in a lump sum when the labor contract is terminated. It is illegal to delay the payment of wages for one month. If wages are not paid in a timely manner, there are two ways to claim wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

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

Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.

Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer to the employee shall not be lower than the local minimum wage.

1) The minimum living expenses of the worker himself and the average dependent population;

2) the average level of social wages;

3) labor productivity;

4) employment status;

5) Differences in the level of economic development between regions.

Article 50 Wages shall be paid to the workers themselves in the form of money 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 law.

It is illegal to delay the payment of wages for one month before the departure of a person who leaves the service. According to the relevant laws and regulations, after the resignation of an employee expires, the employer shall settle all the wages of the employee when going through the resignation procedures.

Legal Analysis] It is illegal for an employee to pay his or her salary after one month after the employee's normal resignation. It is illegal for a company to coerce employees to retain them, or even to prevent them from resigning, and to coerce employees who resign with non-payment of wages. After the employee leaves the company, some employers delay the payment of wages for various reasons, such as failure to carry out work handover, the employer has not yet recruited new employees, and the salary payment cycle and time have not been reached.

The severance pay should be settled when the employee goes through the resignation procedures, but if the employee brings economic losses to the employer, then the employer can compensate by deducting the salary, but the premise is that the employee's consent can be implemented. After the employee's resignation expires, the company shall settle all the wages of the employee when going through the resignation procedures. Wages shall be paid to employees on a monthly basis in monetary form, and wages shall not be deducted or owed to employees without reason.

Wages must be paid on the date agreed between the employer and the employee, or on the nearest working day in the case of holidays or rest days. If the contract stipulates the number of days of the month to pay wages, and if the agreed period has not been paid, you can file a complaint with the labor bureau or apply for labor arbitration. The company shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the procedures for the transfer of files and social insurance relations for the employee within 15 days.

The company shall handle the handover of work in accordance with the agreement between the two parties, and if the company shall pay economic compensation to the employee in accordance with the relevant regulations, it shall be paid at the end of the work handover.

Legal basis] Labor Law of the People's Republic of China Article 50 Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

It is generally unreasonable to delay the payment of wages by one month after separation. It is illegal for an employee to pay his or her salary after one month after the employee leaves the company normally. After the employee leaves the company, some employers delay the payment of wages for various reasons, such as failure to carry out the work handover, the employer has not yet recruited a new employee, and the salary payment cycle and time have not yet arrived.

Legal basisArticle 39 of the Labor Contract Law of the People's Republic of China.

Unilateral termination of the labor contract by the employer (negligent dismissal)] 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 handwriting code of the invalidity of the labor contract due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; Qi Shu Yun.

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

What are the steps for an employee to leave the company?

1. In principle, employees should submit the written "Resignation Report" to the Personnel Administration Department 30 days in advance; and receive a resignation form;

2. The worker should apply for resignation one month in advance, submit the resignation letter at the beginning of the month, and find the company to sign and agree;

3. Workers go through resignation procedures in accordance with the management of the company's personnel department;

4. Work handover.

Legal Analysis: Unreasonable, if the employee resigns in accordance with the normal resignation procedure, after the resignation expires, the employer shall pay the employee in full and go through the resignation procedures and social security transfer procedures for the employee. It is unreasonable to delay the payment of salaries by one month after separation.

Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Legal analysis: First of all, you need to confirm the facts of the employment relationship with the employer. Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, when the employer terminates the labor contract, it shall give the employee one month's notice, otherwise it shall pay one month's severance as a payment in lieu of payment. Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment. Fifth, if an employer terminates a labor contract in violation of the law, it may demand economic compensation, which is twice the amount of the economic compensation.

It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

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

Article 51 Wages shall be paid in monetary form on a monthly basis, and wages shall not be deducted or owed to workers without reason.

Article 79 After a labor dispute arises, an application for mediation may be made to the labor dispute mediation committee within the unit, or an application may be made directly to the labor dispute arbitration commission for arbitration. If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the people's court.

It is reasonable to see what caused the salary to be delayed for a month, and if you leave your job this month, you will pay your salary with your colleagues on the 15th of the next month. If it is because of "resignation", the salary paid on the 15th of the next month will not be paid until the 15th of the next month, which is unreasonable.

If you apply for labor arbitration, is it in the name of "unpaid wages"? Is the Arbitration Petition merely a request for "on-time payment of wages"? In fact, the arbitration application, case filing, **, issuance of awards, etc., this series of processes is basically a month, and it is almost the same as the next month's salary.

The specific times are as follows:

If you submit an application, the arbitration shall determine whether to accept the arbitration within 5 days, and "after the arbitration application is accepted, the arbitration commission shall serve a copy of the arbitration application to the respondent within 5 days." "After receiving a copy of the application for arbitration, the respondent shall submit a statement of defence to the arbitration commission within 10 days. Upon receipt of the statement of defence, the arbitration commission shall deliver a copy of the statement of defence to the applicant within five days.

If the respondent fails to submit a statement of defence within the time limit, it shall not affect the conduct of the arbitration proceedings. "The arbitration commission shall constitute the arbitral tribunal within five days from the date of acceptance of the application for arbitration and notify the parties in writing of the constitution of the arbitral tribunal. "The arbitral tribunal shall, five days in advance, notify the parties in writing of the date and place.

If the parties have a legitimate reason, they may request an extension three days in advance. Whether or not to extend the extension shall be decided by the BAC according to the actual situation. "The arbitral tribunal shall decide the case within 45 days from the date on which the arbitration application is accepted by the arbitration commission.

If the case is complicated and requires an extension, the extension may be granted with the approval of the chairman of the arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days. ”

The company said that it was not correct for employees who left the company to delay the payment of wages for one monthActually? This may be different for each company's system, but there is also a certain amount of truth, well, this depends on how you signed the contract at the beginning, if he doesn't give it later, you can sue him.

It's just an extension for a month, then wait a minute, after all, it takes time to find the labor department, each unit is different, there is a social security, medical insurance payment and other calculation confirmation time, it is not a big problem, as long as the salary amount is right.

If the employee resigns in accordance with the legal procedures, the employer cannot delay or deduct the employee's wages for any reason or excuse.

A one-month delay in paying a departing employee? This is definitely not legal, this is not right, I think you can discuss with the company first, if not, you can go to your local labor department to report the situation, they will definitely help you deal with it.

Yes, um, it is possible to apply for labor arbitration.