According to the provisions of the labor law, how much money should be deducted for retiring from ur

Updated on society 2024-03-23
8 answers
  1. Anonymous users2024-02-07

    1. The Labor Contract Law does not stipulate the term of resignation, and resignation is sufficient as long as it is agreed upon with the employer.

    2. There are two ways for employees to resign:

    1. Article 37 of the Labor Contract Law stipulates that an 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.

    2. 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.

  2. Anonymous users2024-02-06

    If it is illegal for a unit to deduct wages, it can go to the labor inspection brigade to file a complaint or direct labor arbitration.

  3. Anonymous users2024-02-05

    If an employee requests to terminate the employment contract, he or she only needs to notify the employer in writing one month in advance, and it is illegal for the employer to deduct wages, and you can sue them (apply for labor arbitration or file a complaint with the labor inspectorate).

  4. Anonymous users2024-02-04

    If it is illegal and the negotiation fails, you can apply for labor arbitration.

  5. Anonymous users2024-02-03

    According to the relevant regulations, if the employer agrees to resign in an emergency, the deduction of wages shall not exceed 20%. 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.

    Macro or Legal Basis: Interim Provisions on Payment of Wages Article 16 If the employer suffers economic losses 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.

  6. Anonymous users2024-02-02

    There is no provision on how much wages should be deducted, but if the employee terminates the labor contract in violation of the law, the employer shall be compensated for the losses. The so-called sudden resignation is not a legal definition, but usually refers to the immediate termination of the contract or the termination of the contract within a short period of time. There is a distinction between lawful and illegal, and shall be treated separately from each other.

    1. If the employer is legally at fault for delaying the workplace, the employer may terminate the contract at any time if the employer has the statutory fault as stipulated in Article 38 of the Labor Contract Law. Among them, the employer shall be notified of the termination of the contract in accordance with paragraphs (1) to (6) of Article 38; 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 an employee terminates a contract in accordance with Article 38, the employer shall settle the wages at the time of termination of the contract and pay one month's salary severance every year according to the employee's years of service in the employer.

    2. If the employer resigns in a hurry due to no legal fault, if the employee resigns in a hurry and submits an application to the employer for urgent resignation, the employer may refuse to terminate the contract through negotiation with the employer, but the employer may not deduct wages if agreed; According to Article 90 of the Labor Contract Law and Article 9 of the Interim Provisions on Payment of Wages of the Ministry of Labor, the employer shall settle the wages according to attendance, but the employee shall compensate the employer for the losses, and the settlement of wages and compensation for losses shall be calculated separately and settled together. If the employer claims compensation for losses, it shall bear the burden of proof for the losses.

  7. Anonymous users2024-02-01

    The Labor Law stipulates that the wages deducted for emergency resignation are as follows:1. There are relevant laws and regulations that if the employee does not submit his resignation 30 days in advance, and the employer does not have other circumstances, he leaves without directly submitting the resignation letter.

    2. The employer shall pay the wages of the workers, and according to the regulations, the workers shall have the right to receive labor remuneration after they have paid for the work for the employer. However, the employer may require the employee to bear the direct economic losses and recruitment expenses caused by the employee to the employer.

    3. The deduction of wages must be established under the rules and regulations in accordance with the procedures, and the deduction by the employer shall not exceed or hail 20%, if the wages after deduction are lower than the local minimum standard, it shall be paid according to the minimum standard.

  8. Anonymous users2024-01-31

    No deduction of more than 20% of the employee's monthly salary shall be made.

    According to the information of Hualu.com, Article 16 of the Notice of the Interim Provisions on Payment of Wages stipulates that if the employee causes economic losses to the employer due to the employee's own reasons, the employer may request the employee to compensate for the economic loss 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.

    And if the company owes you wages, then you can terminate the labor contract without prior notice. According to Article 38 of the Labor Contract Law, if an employer fails to pay labor remuneration in full and in a timely manner, the employee may terminate the labor contract and require the employer to pay the remaining wages and economic compensation.

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