If the resignation procedures are not completed, does the company have the right to deduct all my sa

If the employer deducts the employee's wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

If wages are not paid in a timely manner, there are two ways to claim wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

Legal basis: Provincial wage payment regulations. For example:

Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.

According to the Labor Contract Law, the employer shall not deduct the employee's wages. You can go to the labor department to check the month of payment of social security, the resignation certificate is issued by the labor bureau can be reissued, if it is issued by the unit, it should be a refund order, the labor bureau can also check, mainly in the last month you have to prove that you are at work, your rights and interests can be protected.

As long as you give 30 days' written notice of resignation and leave after expiration, the company should pay the unpaid wages;

If the company deducts wages, it can apply for labor arbitration.

Lawyer Wei Feng.

Legal Analysis: The company does not have the right to deduct the employee's wages if he leaves the company suddenly. Except that it is stipulated in the contract that wages can be deducted, or the employee needs to be withheld by the employer. Employers are not allowed to deduct employees' wages without permission, and it is illegal to deduct wages.

Legal basis: Article 15 of the Interim Provisions on Payment of Wages Article 15 An employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the employee's wages:

1) Individual income tax withheld and paid by the employer;

2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

The company has no right to deduct wages if you leave your job suddenly. If an employee resigns without one month's notice, it is an illegal termination of the labor contract, and the employer shall be compensated for the losses caused thereby. However, the employer shall bear the burden of proof for the loss of history.

If the company does cause losses, the company can deduct it from the salary.

Hello, you can go to the labor bureau for arbitration, as we all know, whether the employee voluntarily resigns or is dismissed by the company, it is necessary to go through the resignation procedures, and the company should pay wages in accordance with the law. However, in the real workplace, there will always be situations where the employee does not go through the resignation procedures, defaults to the situation that he has already left the job and does not come to work, and the employer believes that the employee is seriously absent from work, and then deducts wages. So, is it legal for employers to do this?

I'm going to share some expertise with you today.

Is it legal to withhold wages without going through the resignation procedures?

Illegal. If an employee and the employer have established an employment relationship, the employer shall pay the employee's wages normally, regardless of whether the employee has completed the resignation procedures or not. Wages are earned by workers in exchange for actual labor efforts, and we should get so much wages after so much labor in front of us, and the company cannot withhold wages for any reason.

If you are forced to resign and do not go through the resignation procedures, and the boss deducts the salary, then this situation is actually more troublesome, because you have not gone through the relevant resignation procedures, you will not be able to prove that you left the company through normal channels, and the company may bite back at that time, saying that you automatically left the group to accept the job.

Target. Therefore, in the current situation, you should first sort out the causes and consequences of this matter, and see what advantages you have in each link, and then what written evidence can be preserved, you can quickly collect the evidence first, including some uh, such as audio recordings, as well as the company's internal emails, or some ideas put forward by yourself, or WeChat records, etc., quickly collect them first. First of all, we must find a way to prove that we were forced to resign, that is, the company resigned because we had no way to work with peace of mind, so as for not going through the resignation procedures, whether the company did not do it for itself or did not do it, there will be a big difference in this, as for the boss to deduct wages, you can go to the local labor and social security office to file labor arbitration.

Defend their own rights and interests, however. The key is that you must have relevant documentary evidence, because it is really not possible, and you can still file a lawsuit at the last step.

If you are forced to resign without going through the resignation procedures, and the boss argues about deducting wages, you can find the local labor promotion arbitration department, and he will give you the decision to return the salary.

If you don't handle it at a loss, you can just pay a seven-day salary, and just keep the evidence when the time comes. As high as he is, he won't trouble you anymore. And he has no relevant evidence.

It depends on whether you signed a contract when you joined the company at that time, and the labor law is based on whether you have signed a contract as a guarantee, and if you don't sign it or he violates the contract, you can sue the boss.

Signature. Thank you If you don't, you pay seven days' wages and leave proof. I usually don't bother you anymore. He has no evidence.

What if I don't have a mobile phone in the forced shirt? I think that in this case, if you can't do it, I think you can choose to react, and you can also protect it by legal means, but I think the current bosses will abide by the work.

You're just encountering a routine, and people won't take the initiative to fire you. Give you a problem, let you be cautious and leave. Sen Chong so he admits this filial piety, and it's right that such a boss doesn't serve him.

If an employee suddenly resigns due to personal reasons, the enterprise may deduct part of the salary in accordance with the provisions of the labor contract.

If an employee resigns without one month's notice, it is deemed to have terminated the labor contract in violation of the law, and the employer shall be compensated for the losses caused thereby. However, the employer bears the burden of proof of the loss. If the loss is actually caused, it can be deducted from the salary.

However, the monthly deduction shall not exceed 20% of the salary of the current month, and the salary after deduction shall not be lower than the local minimum wage.

[Legal basis].

Article 90 of the Labor Contract Law provides that if an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.

Interim Provisions on Payment of Wages》 Article 15 An employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the employee's wages:

1) Individual income tax withheld and paid by the employer;

2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

The employer shall not deduct the employee's wages without reason, and if the employee has not caused losses to the employer, the employee shall not deduct the employee's wages when he or she leaves the company. 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 a lump sum when the labor contract is dissolved or terminated.