The Labor Bureau stipulates how to calculate the automatic severance pay

According to the provisions of the Labor Law, if the employee resigns voluntarily, the employer shall pay the severance if the employee terminates the labor contract, otherwise it does not need to pay the severance payment.

According to the provisions of the Labor Contract Law, the employer is required to pay severance to the employee under the following circumstances:

There are 11 circumstances under which an employer shall pay severance to an employee when terminating a labor contract:

1. The employer fails to provide labor protection or working conditions in accordance with the labor contract, and the employee terminates the labor contract;

2. The employer fails to pay the labor remuneration in full and in a timely manner, and the employee terminates the labor contract;

3. The employer pays the wages of the employee below the local minimum wage standard, and the employee terminates the labor contract;

4. The employer fails to pay social insurance premiums for the employee in accordance with the law, and the employee terminates the labor contract;

5. The rules and regulations of the employer violate the provisions of laws and regulations, damage the rights and interests of the employee, and the employee terminates the labor contract;

6. The employer uses fraud, coercion or taking advantage of the danger of others to cause the employee to conclude or modify the labor contract contrary to his true intentions, resulting in the invalidity of the labor contract and the termination of the labor contract by the employee;

7. The employer exempts itself from statutory responsibilities and excludes the rights of the employee, resulting in the invalidity of the labor contract and the termination of the labor contract by the employee;

8. The employer violates the mandatory provisions of laws and administrative regulations in entering into a labor contract, resulting in the invalidity of the labor contract and the termination of the labor contract by the employee;

9. The employer compels labor by means of violence, threat or illegal restriction of personal freedom, and the worker terminates the labor contract;

10. The employer violates rules and regulations by directing or forcing risky operations to endanger the personal safety of the employee, and the employee terminates the labor contract;

11. Other circumstances stipulated by laws and administrative regulations.

Therefore, you can refer to the above situation, if any of the circumstances are met, then the employer must pay your salary in full, and you must not deduct or delay your wages without reason.

1. There are three situations in which an employee proposes to terminate the labor contract (resignation): First, if the employee proposes to terminate the labor contract (resign) in accordance with the provisions of Article 37 of the Labor Contract Law, that is, notify the employer 30 days in advance (3 days during the probation period) without the approval of the employer. However, the employer is not liable for economic compensation; Second, the termination of the labor contract (resignation) in accordance with the provisions of Article 38 of the Labor and Tower Law does not need to be approved 30 days in advance, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law; Third, if the employee terminates the labor contract (resignation) without any basis, the employer not only does not pay severance payment, but also bears the liability for compensation for the losses caused to the employer in accordance with Article 90 of the Labor Contract Law.

The employer may deduct wages as compensation. 2. Therefore, it is very important to have a legitimate reason for resignation, as long as the reason is legitimate, any employer can not refuse, of course, if there is no legal reason, not only can you not go, you are gone, the unit will also find you trouble, not to mention that you will not get compensation, but you will also be asked to pay liquidated damages, and you will not go through the resignation procedures, which will cause trouble for your future employment. 3. It is recommended that you refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, such as not signing the labor contract, not arranging working hours in accordance with national regulations, not paying labor remuneration in full and on time, not paying overtime wages for overtime, collecting deposits, and not establishing national statutory social insurance for employees on time.

Voluntary resignation can only get the previous month's salary!

I worked in a photo studio, and my boss fired me and didn't pay me. Deposits are also not refundable. When I called the police, my boss promised to pay my salary, but after the police left, he said that he had no money, and only half of it was paid, and then he gave him an IOU.

I was going to go today, and I didn't give it to me in every way, and I didn't sign a labor contract. I would like to ask what the Labor Bureau will do.

Legal analysis: In the case of voluntary resignation, the employer is also required to pay wages according to the Labor Contract Law, which is calculated according to the number of days of attendance; If the employer suffers losses due to resignation, he or she may be required to compensate for the loss.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China 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.

How to calculate the salary of employees who voluntarily leave their jobs according to the labor law? How to calculate wages according to the Labor Law1. If an employee voluntarily resigns, the employer shall also pay wages according to the Labor Contract Law. 2. If the employee voluntarily resigns, causing losses to the employer, he or she can claim compensation.

3. According to Article 16 of the Interim Provisions on Payment of Wages, 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. Extended information: 1. Voluntary resignation refers to the behavior of employees who leave their jobs and units at will without greeting the employer.

According to the Reply of the General Office of the Ministry of Labor on How to Define Voluntary Resignation and Absenteeism and Removal from Absenteeism, the interpretation of "voluntary resignation" in Article 2, Paragraph 1 of the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises refers to the behavior of employees leaving their jobs without authorization. 2. The voluntary resignation of employees has caused losses to the enterprise, and the enterprise wants to seek compensation from employees or pay liquidated damages, and the dispute arising from Binayuan is called a dispute over voluntary resignation. 3. The difference between termination of labor contract, resignation and voluntary resignation (1) Resignation and voluntary resignation (also known as unauthorized resignation) refers to the act of terminating the labor relationship between the employee and the employer.

After the implementation of the Labor Law, it is the act of terminating the labor contract between the employee and the employer. This is the connection between the termination of the labor contract and the resignation and voluntary resignation. (2) The subject of termination of the labor contract may be the employer or the employee.

However, the main body of application for resignation and voluntary resignation is only the worker. (3) The reasons for the termination of the labor contract are twofold, both punitive and non-punitive. Resignation is not punitive, and voluntary resignation is often an illegal act.

Do you understand this explanation?

The employee's voluntary resignation pay shall be settled in accordance with the provisions of the labor contract and the number of days actually worked. The employer shall pay the employee's wages in a lump sum when dissolving or terminating the labor contract, and shall not delay or deduct the wages due to the employee.

Article 77 of the Labor Law of the People's Republic of China In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit in accordance with the law, or may settle it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings. 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.

Article 7 of the Interim Provisions on the Payment of Wages shall not be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

Article 8 of the Interim Provisions on Payment of Wages shall pay wages to workers who have completed one-time temporary labor or a specific type of work that is difficult to perform, in accordance with the relevant agreements or contracts.