How to calculate the salary of self departure without signing a labor contract

If the employee has not signed a labor contract with the employer, as long as there is an actual labor relationship between the employee and the employer, then when the employee terminates the labor relationship with the employer, the employer needs to settle the employee's salary, and the employee's salary can be calculated according to the actual salary received. However, if the employee leaves voluntarily, the employer can deduct part of the employee's incentive treatment as a punishment.

In accordance with the Interim Regulations 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 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

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.

I am a migrant worker from Guizhou, came to Yiwu City, Shenzhou Road, stinky horse jewelry point drill department to work, when I first came to work, I did not sign a labor and did more than 20 days of glue allergy three times, and now I resigned, saying that it is an automatic resignation, no salary, please ask if there is such a statement.

The above is true, the salary still has to be paid.

However, it is not said above that at the same time as the wages are paid (or you claim the wages), the employer can claim the economic losses caused by your failure to file in advance within the statutory time limit.

And this money will generally be more than your salary.

Legal analysis: There is a wage, and the laws of our country stipulate that the wages of workers shall not be deducted or owed without reason. In the case that the employee does not leave the employee, the employee shall not be deprived of the corresponding remuneration for the part of the labor provided, so the employer shall pay the employee wages if he leaves the employer without signing the labor contract, and if the employer does not sign the labor contract with the employee, the employee may request the employer to pay double the salary of the employee who has not signed the labor contract from the second month.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

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

Legal analysis: Those who leave without signing a labor contract are paid. Regardless of the way in which the employee leaves the company, whether or not an employment contract has been signed, the employer must pay the employee wages as long as the labor relationship is formed.

If the employer does not pay for the work, the worker may file a complaint with the labor inspection department or apply to the labor arbitration commission for labor arbitration; If you are not satisfied with the arbitration result after the arbitration, you may file a lawsuit with the people's court in accordance with the law.

Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes In the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation is unsuccessful, or the settlement agreement is not performed, they may apply to the mediation organization for mediation; If they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Employees who have signed an employment contract are required to pay wages if they leave on their own. If the employer refuses to pay, it should report it to the local labor inspection department, and ask the labor inspection department to protect its legitimate rights and interests, pay its own legal wages, and punish the illegal labor employer.

Legal analysisIf the employer refuses to pay the employee's wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. If the employer has evidence to prove that the employee has suffered certain losses due to the employee's resignation, the employer may require the employee to pay certain compensation. If you are working for an employer, there are two ways to ask for wages.

If you do not have an employment contract, you can 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. Pros:

In addition to wages, financial compensation, double wages, etc., can also be claimed, and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

The employer and the worker should negotiate specific working hours, work content, job protection and other labor matters before work, and once a dispute arises, the two parties shall negotiate and deal with it, and if the negotiation fails, they can report to the local labor inspection department and request the labor department to hear the labor dispute case.

Legal basisInterim Provisions on Payment of Wages Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation: (1) deducting or delaying the worker's wages without reason; 2) Refusal to pay wages for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

If you sign a contract and leave your job automatically without following the employment contract, you should not be paid.

There must be no more, because it is agreed by both parties, and it is written together on the contract in writing, but if it is only spoken orally, it has no legal effect!

If you sign a labor contract, you will not be paid if you leave yourself, that is, you will not be paid if you resign.

As long as you go to the factory to go through the resignation procedures, you will receive a salary, and if he does not pay you, you can go to the labor bureau to sue him.

Although you have signed a labor contract, it is correct that the company has a rule that you will leave without pay. Not going to work is equal to a miner, and no employer will pay you expenses.

Yes, such a contract is already illegal and is considered null and void.

There is no legal basis for the employer's provision that there is no salary for self-departure, and it is an invalid clause.

Legal analysis: Those who leave without signing a labor contract are paid. Regardless of the way in which the employee leaves the company, whether or not an employment contract has been signed, as long as the employment relationship is formed, the employer needs to pay the employee's wages.

If the employer does not call for payment of work, the worker can file a complaint with the labor inspection department or apply to the labor arbitration commission for labor arbitration; If you are not satisfied with the arbitration result after the arbitration, you may file a lawsuit with the people's court in accordance with the law.

Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or the parties do not perform their duties after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Those who do not sign a labor contract and leave by themselves are paid. Regardless of the way in which the employee leaves the company, whether or not an employment contract has been signed, as long as an employment relationship is formed, the employer must pay the wages to the employee. If the employer does not pay for the work, the worker may file a complaint with the labor inspection department or apply to the labor arbitration commission for labor arbitration; If you are not satisfied with the arbitration result after the arbitration, you may file a lawsuit with the people's court in accordance with the law.

Legal basis] Article 5 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.