If you resign and don t make a resignation report, can you get paid?

If possible, the employer shall pay the employee's remuneration in full and in a timely manner.

When an employee resigns, he or she shall reach an agreement with the employer through consultation. If no consensus can be reached, the regular employee shall submit a written resignation report 30 days in advance, and the probationary employee shall notify the employer 3 days in advance, and the employee may leave the job only after the expiration date.

If an employee terminates the labor relationship in violation of the law, he or she shall be liable for compensation if it causes economic losses to the employer.

In accordance with the Labor Contract Law

Article 29 The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker 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.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

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 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

To be clear, you didn't do this right thing in the first place. From the perspective of professional ethics and professionalism, even if you are about to resign, you must report in advance, and you should be regarded as a regular employee in the company with this kind of report.

Because regular employees are a nail and an eye, every job is basically the old family has no idlers, you don't do this kind of situation without greeting, according to the company's management system, it should be handled according to absenteeism. And the penalty for absenteeism is quite severe. The best case scenario should be that all of your labor remuneration for the month will be punished, which is allowed.

In this case, it is not that labor remuneration is not paid, but that the penalty as a penalty for miners has been fully deducted.

If you think it is unreasonable, you can apply to the industrial and commercial bureau where the company is located to have a labor arbitration bureau. Conduct a labor arbitration.

But if you come to this point, everyone doesn't want to see it, because this kind of unexcused absenteeism is not just your personal financial loss. Sometimes for some small companies, it is impossible to carry out their normal work, and it may even lead to the normal operation of the company being paralyzed, which will cause great economic losses, and may be countersued by the company.

Therefore, if you really belong to the kind of situation where you leave without resigning and leaving without greeting in advance, I personally think that you should not think about what the labor remuneration is. After all, if you do this, you haven't already thought about it from the beginning, don't get paid for your labor.

1. You can go to labor arbitration.

2 Estimate that your unit is also waiting for you to go to arbitration, because they need to claim the economic losses caused by your failure to file in advance.

3 Labor arbitration goes to the labor arbitration commission, and he is generally with the labor bureau.

I left without a resignation report, and the company did not pay the salary, and the solution is: 1. Negotiate and settle. 2. Report to the orange department of the administrative source of the labor army, usually the labor inspection brigade of the district where the unit is located.

If the company does not pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and economic compensation.

Legal analysis: If you do not make a resignation report, you will be paid if you are in distress.

Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at one time when the labor contract is dissolved or terminated.

Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

You resigned, and you didn't go through the relevant resignation procedures, right? If this is the case, you should not be able to get your salary.

1. What to do if you don't pay your resignation salary

1. If the employee leaves the job without submitting a resignation report, the employer shall pay the employee's wages in a lump sum when the labor contract is terminated. However, if the employee terminates the labor contract in violation of the law and causes losses to the employer, he shall be liable for compensation. The employee shall notify the employer in writing 30 days in advance of the resignation and 3 days in advance during the probationary period.

2. Legal basis: According to Article 9 of the Interim Provisions on Payment of Wages, when both parties to the labor relationship terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum when the labor contract is terminated or terminated.

Second, what are the consequences of resignation?

If an employee voluntarily resigns from the labor contract, the employee shall be liable for the following losses caused to the employer:

1. Fees paid by the employer for recruitment;

2. The training fees paid by the employer shall be handled as agreed by both parties if otherwise agreed

3. Direct economic losses caused to production, operation and work;

4. Other compensation expenses agreed in the labor contract.

However, if the employer forces the employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.