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Anonymous users2024-02-07After the employee leaves the company, the employment relationship with the employer is terminated.
The housing allowance does not exist, if the employer forcibly deducts the employee's salary or does not go through the resignation procedures for the employee. The employee can apply for labor arbitration, demand payment of wages and go through the resignation procedures.
Labor Dispute Mediation and Arbitration Law.
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Due to working hours, rest and vacation, social insurance.
disputes over welfare, training and labor protection;
5) Compensation for labor, medical expenses for work-related injuries, and economic compensation.
or disputes over compensation, etc.;
Interim Provisions on Payment of Wages.
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) Lower than the local minimum wage.
Paying wages to workers.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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Anonymous users2024-02-06Whether there is a housing subsidy, if it belongs to the pre-resignation period, there should be, as long as the resignation is 30 days in advance, regardless of whether it is approved or not, the labor relationship can be terminated, and the subsidy can be obtained in accordance with the law.
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Anonymous users2024-02-05Legal analysis: 1. If the employee terminates the labor relationship with the employer after leaving the company, the housing subsidy does not exist, and if the employer forcibly deducts the employee's salary or does not go through the resignation procedures for the employee. 2. Laborers can apply for labor arbitration, demand payment of wages and go through resignation procedures.
Legal basis: Article 18 of the Interim Provisions on the Payment of Wages Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers without being prepared. 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 for the damage, 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 lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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Anonymous users2024-02-04Legal analysis: Housing provident fund and subsidies are generally transferred or stopped after resignation, and the original can be continued. The provident fund can be withdrawn through housing, or it can be withdrawn after transferring or canceling the account when leaving the job.
Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate
Article 7 The leasing of residential buildings shall be subject to the leasing policies stipulated by the State and the people of the cities where the houses are located. If the premises are rented for production or business activities, the two parties to the lease shall negotiate and negotiate the terms of rent and other rents.
Article 11 During the lease term, if the lessor transfers the ownership of the house, the transferee of the house shall continue to perform the provisions of the original lease contract.
Article 13 Housing lease shall be subject to the registration and filing system. If the lease contract is signed, changed or terminated, the respondent shall register with the people's housing department of the city or county where the house is located.
14th housing lease parties shall, within 30 days after the signing of the lease contract, with the documents provided for in Article 15 of these measures to the municipal and county people's ** real estate management departments for registration and filing procedures.
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Anonymous users2024-02-03Conclusion: Can't claim it.
Analysis: After the employee leaves the company, the labor relationship with Shan Kaichangwei is terminated, and the housing subsidy does not exist, so it cannot be received. If the absence of blindness is due to the fact that it should be received during the period of employment, it may be applied for collection.
If the employer forcibly deducts the employee's wages or does not go through the resignation procedures for the employee, the employee may apply for labor arbitration to demand payment of wages and go through the resignation procedures.
Legal basis: Article 76 of the Labor Law of the People's Republic of China.
The State develops social welfare undertakings and builds public welfare facilities to provide conditions for rest, recuperation and recuperation for workers. Employers should create conditions to improve collective welfare and improve the welfare benefits of employees.
Article 25 of the Regulations on the Provident Fund for Vacant Houses in the Early Days.
If an employee withdraws the balance stored in the housing provident fund account, the unit to which he or she belongs shall verify it and issue a certificate of withdrawal. Employees shall apply to the Housing Provident Fund Management Center for withdrawal of housing provident fund with proof of withdrawal. The Housing Provident Fund Management Center shall, within 3 days from the date of acceptance of the application, make a decision to approve or disapprove the withdrawal, and notify the applicant; If the withdrawal is approved, the entrusted bank shall handle the payment formalities.
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Anonymous users2024-02-02Summary. Hello, you haven't applied for the housing allowance yet, but you are about to leave your job, you can consult the HR department and the finance department of the unit about the relevant process. The company stipulates that you must receive it within the validity period of the employment contract, and if you leave the company before the time of receiving the housing allowance, you will not be able to receive this benefit. <>
Hello, you haven't applied for the housing allowance yet, but you are about to leave your job, you can consult the personnel department and the finance department of Shan Huye Chong about the relevant process. The company stipulates that you must receive the benefits within the validity period of the labor contract, and if you leave the company earlier than the time of receiving the housing allowance, you will not be able to receive the benefit. <>
Legal basis: The Labor Contract Law stipulates that within one month before resignation, the other party shall be notified of the termination of the labor contract for any reason, and the compensation shall be paid, which shall be one month of the total salary of the previous month and other amounts agreed upon by both parties.
Dear, you can consult the company's HR department about the application process and timeline to see if you still get the housing allowance before you leave the job. If you are no longer able to apply for housing subsidies, you can negotiate a solution with the company, for example, you can try to obtain some financial compensation in other ways. At the same time, after resignation, it is necessary to go through the relevant procedures in a timely manner, such as receiving the resignation certificate and handing over the work.
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