The company always does not pay wages on time, and resigned a month early! Is the salary paid on the

Updated on society 2024-03-04
9 answers
  1. Anonymous users2024-02-06

    The company always does not pay wages on time, and resigns a month in advance, and the salary should be settled at the time of resignation, but the actual implementation varies according to the different circumstances of each company.

    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 employee's wages in full at the time of dissolution or termination.

  2. Anonymous users2024-02-05

    In fact, this issue is really not a legal issue, and you have seen so many migrant workers who can't get jobs, and Comrade Wen Jiabao (Harmony) Bao even went to ask for it himself.

    Well, or from a legal point of view you :

    1. The company unilaterally stipulates the deduction system after work, you can not admit it, and require that the salary be calculated according to the system clearly informed when signing the contract;

    2. At that time, it was stipulated that you could leave your job with 30 days' notice, so you can do this, unless you are undertaking any major project, and leaving at this time will give the company a huge loss or something, I believe you don't have it;

    3. When will your salary be paid, it doesn't matter what the law says, otherwise the society will be really harmonious.

    Final suggestion: Hurry up and change places, you have to leave if you don't want your salary...

  3. Anonymous users2024-02-04

    From the point of view of labor law.

    Submit a written application 30 days in advance, and the employer will terminate the labor contract when the time is up.

    The employer has no right not to approve and the employer has violated the labor law during working hours.

    You can go to the local labor department to consult and protect your rights and interests.

  4. Anonymous users2024-02-03

    You should tell the company a month in advance. As for whether the company can pay you according to the regulations, you can complain to the relevant authorities.

  5. Anonymous users2024-02-02

    Legal Analysis: If an employee resigns one month in advance and the employer does not pay wages, the employee may apply for labor arbitration and request the employer to pay the arrears of wages.

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

  6. Anonymous users2024-02-01

    Legal analysis: According to the law, the salary is settled on the day of resignation, but generally the company will pay the salary together according to the actual time of payment, which requires an agreement between the employee and the unit.

    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.

  7. Anonymous users2024-01-31

    Legal analysis: The current law does not stipulate when the wages will be paid when the employee leaves the company, but the law stipulates that the employer shall pay the employee's salary in a lump sum when the employment contract is terminated or terminated. It is recommended that the employee confirm the salary payment time with the employer.

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

    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.

    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.

    Article 39 The employer may terminate the labor contract if the worker 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 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.

  8. Anonymous users2024-01-30

    The company's failure to pay wages on time and the failure to resign one month in advance is not considered a breach of contract.

    If the employer forces the employee to work with violence or threats, or fails to pay wages as agreed in the contract, the employee may request the employee to terminate the labor contract at any time.

    According to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract relationship.

  9. Anonymous users2024-01-29

    Analysis of the suspicion of the legal bureau: 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.

    The basis of the law of the law: "Interim Provisions on the Payment of Wages".

    Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

    Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

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