Is there a 13 salary for leaving on the last day of the year?

Look at how the company system is written. Another is to understand whether 13 salaries are promised when you join.

Actually, it should be distributed. But many companies shy away from this when it comes to practice.

Why leave your job on the last day of the year?

Under normal circumstances, the payment of the 13th salary is based on attendance as a hard indicator and is limited to the full calendar year.

Whether there is a thirteenth salary or not, you need to refer to the rules and regulations of the unit or the payment regulations.

After leaving the company, he is no longer his employee, so he can no longer enjoy it.

Legal analysis: 13 salary is not stipulated in the labor law, but each company decides at its own discretion, if your contract has written that you have worked for one year to pay the blind thirteen salary, the company may pay you, but you have resigned, the company should not pay you, after all, this salary is a reward for employee loyalty.

Legal basis: Social Insurance Law of the People's Republic of China

Article 12 The employer shall pay the basic endowment insurance premiums in accordance with the proportion of the total wages of its employees stipulated by the state, which shall be credited to the basic endowment insurance pool.

Employees shall pay basic pension insurance premiums in accordance with the proportion of their wages stipulated by the state, which shall be credited to their personal accounts.

Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance in the employer, and other flexibly employed persons who participate in the basic pension insurance shall pay the basic pension insurance premiums in accordance with the provisions of the state, which shall be credited to the basic pension insurance co-ordination and personal accounts respectively.

Article 23 Employees shall participate in the basic medical insurance for employees, and the employer and the employees shall jointly pay the basic medical insurance premiums in accordance with the provisions of the State.

Individually-owned businesses without employees, part-time employees who have not participated in the basic medical insurance for employees in the employer, and other flexibly employed persons may participate in the basic medical insurance for employees, and the individual shall pay the basic medical insurance premiums in accordance with the provisions of the state.

Article 35 An employer shall pay work-related injury insurance premiums at the rate determined by the social bridge insurance agency in accordance with the total wages of its employees.

Article 44 Employees shall participate in unemployment insurance, and the employer and the employee shall jointly pay unemployment insurance premiums in accordance with the provisions of the State.

Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the State, and the employees shall not pay the maternity insurance premiums.

Summary. If you are more worried about the impact, it is recommended that you wait for the end of the year, after the company's annual leave, and then come and resign, so that you can get the 13th salary and enjoy the paid annual leave.

Hello! The so-called salary for the 13th rough kivu month is actually like a year-end bonus, which can only be obtained after a person has worked for a year! If you have been working for a year, then the company must pay you 13 salaries to Yan or you according to the regulations.

Normal and regular companies, this cannot be deducted, but it is not excluded that some companies do these small actions.

Is there legal protection for this?

If you are more worried that it will be affected, it is recommended that you wait for the New Year, after the company's annual leave, and then come and resign, so that the 13th salary can also be carried with pants, and the paid year orange hidden divination holiday spike is also enjoyed.

13 salary, mainly depends on the labor contract you signed with the company, whether there is a clear note that the company has 13 salary or deferred benefits, if there is a remark but the company does not send it, then you can apply for legal aid.

Because the 13th salary is a company as a welfare for employees, there is no labor law that says that 13 wages must be given, so let this need to depend on how your labor contract is signed!

Legal analysis: Generally speaking, the thirteenth salary is a special gift behavior given to the employee by the unit, and this gift can be revoked, any unit will consider the 13th salary only after one year, if it is only accumulated in the month to reach a certain level, after the resignation, he will not give the 13th salary.

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

Article 37 A worker may terminate the 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 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

If the resignation date is before the 13th salary, can I still get the 13th salary?

Hello, it's a pleasure to serve you <>

Generally, no. The 13th salary is also called the 13th month's salary, to be precise, it should be a one-time reward bonus for the whole cong scum hidden year. It is issued according to the personal work performance, attendance performance and discipline of the in-service employees during the annual working hours of the year, etc., in accordance with the corresponding evaluation and assessment standards.

That is to say, as long as the employees who meet the requirements of the payment standard within the working hours of the whole year, they can receive 13 salaries, which are generally paid in the second year, and I hope that I can help Liang Hong.

According to Article 7 of the Interim Provisions on Payment of Wages, wages must 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 wages can be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage system is implemented.

For workers who have completed one-time temporary labor or specific work for a major project, the employer shall pay wages to employees after the completion of their labor tasks in accordance with the relevant agreements or contracts. 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.