If the boss does not approve the resignation during the probationary period, the money will be deduc

Updated on workplace 2024-03-24
20 answers
  1. Anonymous users2024-02-07

    1.If you resign during the probationary period, you may terminate the labor contract by notifying the employer three days in advance according to the provisions of the Labor Contract Law, with reference to the Labor Contract Law

    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.

    2.If the unit resigns during the probationary period and does not approve it, first of all, this does not comply with the provisions of the labor law, but it is also necessary to do a good job of evidence of resignation, such as text messages and WeChat, etc., which can be used as evidence of resignation.

  2. Anonymous users2024-02-06

    If you don't have any money, you will leave directly.

  3. Anonymous users2024-02-05

    Legal analysis: If you resign after the probationary period and the boss does not pay you the salary during the probationary period, you can go to the inspection brigade of the local labor bureau to complain. If the complaint is ineffective, you can apply for labor arbitration, and if you are not satisfied with the ruling, you can also file a lawsuit with the local people's court and apply for a payment order.

    Legal basis: Article 47 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of issuance

    1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months;

    2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

    Article 10 of the Regulations on Labor Security Supervision The labor and social security administrative departments shall carry out labor security inspections and perform the following duties:

    1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;

    2) To inspect the employer's compliance with labor security laws, regulations and rules;

    3) To accept reports and complaints about violations of labor security laws, regulations or rules; Defeated.

    4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.

    Article 30 of the Labor Contract Law of the People's Republic of China shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.

    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.

    Article 72 The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard prescribed by the people in the place where the employer is located.

    The period for settlement and payment of labor remuneration for part-time employees shall not exceed 15 days at the longest.

  4. Anonymous users2024-02-04

    You can ask your employer to issue a notice of termination of the employment contract and explain the reasons for terminating the employment contract. If the employer illegally terminates the employment contract without a valid reason, you can ask the employer to pay double the economic compensation. At the same time, the employer should pay the labor remuneration in full, and the employer's deduction of wages is illegal.

    If the employer refuses to pay, you can file a complaint with the labor inspection brigade where the employer is located, or apply to the labor arbitration commission for labor arbitration. Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China provides that 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 harm 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 labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. Article 47 Economic compensation shall be paid to the laborer according to the number of years he or she has worked in the unit and one month's salary for each full year.

    where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

  5. Anonymous users2024-02-03

    If the employer does not pay the wages when the employee's resignation expires, the employee may apply for labor arbitration and request the employer to pay the arrears of wages. How to apply for labor arbitration: 1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration

    2 copies of the application for arbitration and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing). 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he can go there; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. Article 50 of the Labor Law of the People's Republic of China stipulates that 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. Article 18 of the Interim Provisions on Payment of Wages shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate 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) Withholding or defaulting on the wages of workers without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

  6. Anonymous users2024-02-02

    Depending on your question, make the following: You can get your salary back. Labor law provides for resignation three days early during the probationary period.

    Pay not less than 80% of the salary. 2 can at least go back to 480 yuan. The company does not have a business license, and the labor bureau will not take care of it.

    It is useless to go to the labor inspection brigade. If the labor inspection brigade doesn't care, you can go to the industrial and commercial bureau, and the industrial and commercial bureau can ask the company to renew the certificate of the enterprise that does not have a business license. And give corresponding punishments, rectification within a time limit, if the unit does not obey, it will be seized.

    However, the industrial and commercial bureau does not have the right to ask the company to pay you wages, only negotiation is possible, and the final thing is to go to the district court to file a lawsuit. Labor litigation generally charges 10 to 50 yuan. However, depending on your boss's tough attitude, if the boss doesn't ask you after receiving the book, he can't help it.

    When you were born in a harmonious society, Chao couldn't help it. The Labor Bureau has no security department and no results. If you don't read the newspaper, you usually turn a blind eye.

    Think about a few hundred dollars, just bear with it. Or immigration.

    The most likely thing you do is play hooligan. When there are a lot of people, the louder the better. If you go once a day, for about 3 days, you will get paid.

    If the security guard comes out to push you and waits for conflicts, don't fight back, hit 110 wages. Basically understood. If the employer is notified 3 days in advance of the probationary period, the contract can be terminated, and the employer will settle the salary in a lump sum when the employer terminates the contract.

    The probationary period refers to the period during which the employer examines whether the employee meets the employment requirements and whether it is suitable for him/her. During the probationary period, the employee may terminate the contract without the consent of the employer.

    If the employer cannot ascertain the facts, it is the right of the employee to unilaterally terminate the labor contract. When the labor contract is terminated in accordance with the law, the employer shall settle the wages in a lump sum. If the employer fails to settle the wages, the employee may file a complaint with the labor inspection department or apply for labor dispute arbitration to protect his rights.

    Application for Labor Dispute ArbitrationLabor dispute arbitration is an effective way to recover labor remuneration and can generally be finally resolved. An application for labor dispute arbitration shall be made to the labor dispute arbitration commission at the place where the employer is domiciled or where the labor contract is performed. When applying for labor dispute arbitration, an application for arbitration shall be submitted, and a copy shall be submitted according to the number of respondents, and a copy of the applicant's ID card.

  7. Anonymous users2024-02-01

    During the probationary period, you can resign, but you should negotiate with the company in accordance with the relevant contract and reach a consensus to terminate the contract between the two parties, and you need to inform the employer three days in advance, so that you can receive your salary and go through the resignation procedures.

  8. Anonymous users2024-01-31

    If you resign during the probationary period, the boss will generally pay you a salary, unless you work for a very short time, then the boss may not pay you in this case, but if you work a little longer, the company will pay you a salary in most cases.

  9. Anonymous users2024-01-30

    The boss will not withhold the salary, you are within the probationary period, you have to resign, as long as you submit it three days in advance, you leave after three days, if the boss does not give you a salary, you can go to the labor department to complain.

  10. Anonymous users2024-01-29

    You can rest assured that as long as you submit your resignation three days in advance as per the regulations, then the boss will not withhold your salary. The labor law stipulates that you only need to resign three days in advance during the probationary period, and after three days, you can settle the salary with the boss, and if the boss does not pay, you can go to the labor department to complain.

  11. Anonymous users2024-01-28

    Of course, wages should be paid, and workers can also resign during the probationary period, as long as they resign with the boss three days in advance according to the regulations, and when you leave three days later, the boss should settle the wages on the spot.

  12. Anonymous users2024-01-27

    If you resign while you are still in the probationary period, the boss can pay your salary, if it is one day, you may not be paid, but if it is more than three days, you will definitely be paid.

  13. Anonymous users2024-01-26

    During the probationary period, the employee also has the right to resign, as long as the resignation is done three days in advance according to the regulations, then you can not leave the boss after three days without paying your salary, otherwise you can go to the labor department to complain.

  14. Anonymous users2024-01-25

    If the boss does not pay you a salary, you can take the labor contract and work records and get your salary back through labor arbitration.

  15. Anonymous users2024-01-24

    Yes, because I am currently on probation, and there are many probationary employees who are unpaid, so I will definitely not get paid if I resign at this time.

  16. Anonymous users2024-01-23

    This may happen, but you have to protect your rights and interests, you can apply for labor arbitration, and you can also report such a situation to the relevant authorities.

  17. Anonymous users2024-01-22

    If the boss does not pay the salary, he can file a complaint with the local labor inspection brigade or labor arbitration.

  18. Anonymous users2024-01-21

    Regardless of whether you are on probation or not, as long as you work for one or two days, your boss should pay you a salary. There is no doubt about it.

  19. Anonymous users2024-01-20

    The boss is to pay a salary, even if you resign during the probationary period, you will be paid, generally for a few days to change the salary for a few days.

  20. Anonymous users2024-01-19

    Summary. According to the provisions of the Labor Law and the Labor Contract Law, resignation during the probationary period requires payment of wages.

    Hello. Hello.

    According to the provisions of the Labor Law and the Labor Contract Law, resignation during the probationary period requires payment of wages.

    If the boss refuses to pay the salary, he can report it to the labor inspection brigade under the local human resources and social security bureau.

    But he didn't sign me any contract.

    I just called him ** I recorded it.

    Does it work? Can the money be returned?

    I thought if it was too much trouble, I wouldn't go to the Social Security Administration.

    Of course, as long as you put in the work, you should be paid for it.

    As long as you have evidence that you did work at your boss's place, there is no problem.

    You also have audio recordings as evidence, so it is recommended that you still protect your rights in accordance with the law.

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