Is it legal for the company to withhold wages and labor handbooks on the grounds that the accounts c

What they are doing is not legal. Here's what you should:

One: You have resigned, and you have left the factory, no matter what happens in the factory, it has nothing to do with you. They don't have any right to ask you to do anything for them unless you're volunteering to help.

2-1 name.

2-2 years old.

2-3 place of origin.

2-4 Temporary residence.

2-5 When entering the factory, what kind of work is engaged in, and what position is assumed.

2-6 Provide any item from the factory as physical evidence, such as brand name, uniforms, time cards, pay slips, etc. Anything is fine, as long as it can be recognized. If there are no items, ask a co-worker to testify.

2-7 Departure time and reason for resignation (just write one).

2-8 Write down the amount and month of wages owed by the factory.

2-9 How long does it take for the factory to pay you, and whether the payment category is cash or check.

2-10 Write 'Request** at the end.'

2-11 Signature of the applicant.

2-12 Make a copy of your ID card.

2-13 Write your contact address and contact information**.

Three: Take the written materials and a copy of the ID card to the factory area (the Social Labor and Social Security Bureau, that is, the Labor Bureau) and hand it to the director, who will order the relevant personnel to ask for your salary, and four: go home and wait or find a new job.

Five: I have to ask if I have received my salary every once in a while.

Six: It will definitely be solved within half a month.

Seven: If the factory does not have industrial and commercial registration, it is not within the jurisdiction of the Labor Bureau, and if it is a private or self-employed person, it must go to the judicial office within the jurisdiction of the factory to solve the problem.

If it is obviously illegal, apply for labor arbitration.

Pay attention to gathering evidence.

As long as you give 30 days' written notice to the employer to resign, and there is no agreement on the service period, the employer cannot refuse your resignation.

It is illegal for the employer to seize your labor handbook, and you have the right to demand that it be returned, otherwise you can report it to the labor inspection brigade, or you can apply to the labor arbitration commission for labor arbitration, and labor arbitration is free of charge.

The fine your company imposed on you is unreasonable and does not comply with labor laws.

Labor arbitration will be accepted, but the company's registered place is in Shanghai, and labor arbitration is also conducted in Shanghai, but Beijing will not accept it.

First of all, the employee who has moved in to file a normal resignation only needs to give one month's notice in advance, and if the company does not sign for it, it can be regarded as delivered by postal express.

Second, there is a discrepancy between the salary negotiated orally and the salary in writing, and it is difficult to prove the facts. If it can be proved, the company can file a forced termination of the labor contract on the grounds that the wages have not been paid in full, and the company can be required to compensate for liquidated damages.

Finally, the employee must settle all wages from the date of termination without delay.

1. Improve their own quality, learn the law, understand the law, and use the law;

2. Sign contracts in accordance with the law and safeguard legitimate rights and interests;

3. Join trade union organizations and rely on trade unions to defend their rights;

4. Rights protection refers to safeguarding the legitimate rights and interests of individuals or groups. The scope of rights protection may include personal injury, land disputes, medical malpractice, marriage, family, inheritance and other civil disputes, as well as administrative and judicial litigation.

Hello, I'm honored to reply to your question, it's almost October, according to the labor contract, the boss is not wrong to pay you so much salary, our company colleagues are also like this, a part of the month is paid, and all the money is settled at the end of the year, this way is the way most companies run again, for you to resign now It is difficult to get the part at the end of the year, the law is in accordance with the contract, I suggest you still do the current thing, if you feel that the company is still not good at the end of the year, get the profits you should get and leave directly, I hope to help you, Hope to adopt!

If you can make up the payment and claim compensation, you can terminate the labor contract at any time.

The account is a collective account of the company, and you can take your account card with you when you leave.

In the case of five insurances and one housing fund, the Beijing hukou can go to the individual to pay the five insurances, which will not affect their pension and medical care.

A fund needs to be paid by a unit, and if there is no new unit, the provident fund may be suspended.

Many people do not have the habit of asking the company for a resignation certificate when they leave their jobs, in fact, when you get this resignation certificate, it means that you officially resign from the company.

If you want to pay social security by yourself after resigning from the company, you can pay social security as a flexible employee.

1. Social Security for Flexibly Employed Persons: In order to effectively protect the social security rights and interests of this special labor group, the state has introduced different preferential social security policies for different categories of flexibly employed persons.

1. Participation conditions:

Those who have urban household registration in the city and meet the conditions for participating in social insurance.

2. Payment registration:

1) You can choose to go to any registration point (hereinafter referred to as the registration post) of the municipal inland taxation department to handle the payment registration.

2) Submit the original and 1 copy of the personal identity document (the agent needs to provide the original and 1 copy of the agent's ID card), the original and 1 copy of the household registration book for payment registration, and the registration post will issue 3 copies of the "Notice of Verification of Social Security Payment Items", "Notice of Registration", "Agreement on Entrusting the Bank to Transfer and Pay Taxes and Fees" (hereinafter referred to as the "ETS Agreement") and related guidelines.

3) After going through the ETS signing procedures at the opening bank with 3 copies of the ETS agreement, then report to the tax service department of the local taxation department (hereinafter referred to as the tax service hall) with 2 copies of the ETS agreement in duplicate according to the guidelines of the "Registration Notice".

1. If the employee inquires and prints his or her detailed insurance information, he or she shall provide the original ID card and the original social security card (the original shall be verified and a copy shall be received); If an employee entrusts another person to inquire about his or her insurance information, he or she shall provide the original power of attorney, the original ID card of the principal, the original social security card of the principal and the original ID card of the trustee (except for the original power of attorney, the original and photocopy of other materials shall be verified).

2. If the unit inquires and prints the personal insurance information of the employees of the unit, it is necessary to provide the inquiry certification materials stamped with the official seal of the unit and the original ID card of the person in charge.

3. Querying and printing the detailed list of individual insurance is a no-charge business.

After resignation, the original unit should go through the procedures for you to stop paying social security, and your social security account should now be in a "sealed" state, and the nature of your social security card has not changed (an ID number in a city only corresponds to a social security account, corresponding to a social security card), but it may not be available for the time being (the social security card contains the function of the medical insurance card, and the social security card cannot be used to enjoy medical insurance reimbursement if the medical insurance is suspended). 2. If you are an urban hukou, you can pay social security as a freelancer, generally including pension and medical care, bring your household registration book, ID card, and resignation certificate of your original unit to the street where your household registration is located to handle unemployment registration, and then go to the social security center where your household registration is located to handle social security payment. If it is short-term unemployment, it is not recommended for individuals to pay social security, and the social security payment period is cumulative, and there is a gap in the middle.

3. When you find a new unit, hand over a copy of your ID card and social security-related information (such as retirement certificate, labor handbook, and pension insurance handbook) to the personnel of the new unit, and they will go through the procedures for renewing social security, that is, transfer your social security account to the company's social security account to pay. 4。Pension insurance rate 20% 8% for individuals and 12% for units When you are a freelancer, you can pay 20% for freelancers If you have a local hukou, you can go to the social security bureau where your household registration is located to apply for social security payment in your personal name.

If you are not a local hukou, no, you must have a unit to continue to pay social security. The gap in the middle is only 6 months

How to pay social security by yourself after leaving the unit? Tell you the answer.

You want to resign, if you resign, the original unit will definitely not pay you pension insurance, how many years have you bought insurance now, if you can find a company that can help you buy pension insurance, so that your pension insurance does not have to be broken.

The specific process is as follows: (1) After the insured person establishes the basic pension insurance relationship and pays the premiums in accordance with the regulations in the new place of employment, the employer or the insured person shall submit a written application for the transfer and continuation of the basic pension insurance relationship to the social security agency in the new place of employment. (2) Within 15 working days, the social security agency of the new place of insurance shall review the application for transfer and continuation, and issue a letter of consent to the social security agency where the original basic pension insurance relationship of the insured person is located and provide relevant information if it meets the conditions specified in these measures; For those who do not meet the conditions for transfer and continuation, a written explanation shall be made to the applicant unit or insured person.

3) The social security agency where the original basic pension insurance relationship is located shall handle the procedures for transfer and continuation within 15 working days after receiving the letter of acceptance. (4) After receiving the basic pension insurance relationship and funds transferred by the social security agency where the original basic pension insurance relationship of the insured person is located, the agency of the new insured place shall complete the relevant procedures within 15 working days, and notify the employer or the insured person of the confirmation in a timely manner. (5) The pension insurance payment period is cumulatively calculated, and there is a gap in the middle, which can be made up or not.

Male participants over 50 years old, female participants over 40 years old, do not need to do the transfer immediately, wait until the statutory retirement age, and then transfer the pension insurance relationship and ** to the place of receiving benefits. At present, before printing the payment voucher of the social security transfer place, it is required to check whether the social security premium has been paid. If there is any arrears, you must settle all the arrears before applying for transfer-out.

If it is not settled, the transfer cannot be made.

If the new employer is still local, it is enough to continue to pay into the original account. Just provide proof of identity and relevant social security information to the HR department of your new unit, and they will handle it for you.

If you change jobs across provinces and cities, it will be a little troublesome.

Social Security:

Social security cannot be withdrawn, only transferred. The social security transfer process is as follows:

Take 1 copy of your ID card to the local taxation bureau and enter the address on your ID card. (If you entrust another person to do the work on your behalf, you must bring 1 copy of the ID card of the client and 1 copy of the entrusted person).

2.After going to the local taxation bureau, take your ID card to the social security bureau to print the "Basic Pension Insurance Payment Certificate". (If you entrust someone else to do it on your behalf, you must bring the original ID cards of the principal and the entrusted person).

3.Take the "Basic Pension Insurance Payment Certificate" to the social security bureau of the place where you transfer to go through the transfer procedures.

Provident Fund:

Housing provident fund withdrawal (must be withdrawn in person) :( housing account in the local area cannot withdraw the provident fund).

Bring the certificate of termination of the labor contract issued by the company, the original and 1 copy of the ID card, and the original provident fund passbook to the provident fund management center for approval, and the stamped "Housing Provident Fund Withdrawal Application Form" will be printed after approval.

2.Take the "Housing Provident Fund Withdrawal Application Form", the original and 1 copy of the ID card to the designated bank (the company will tell you) to withdraw cash;

The provident fund can also be transferred, provided that the transfer place must first handle the provident fund, and then go to the provident fund management center of the previous city with the transfer letter issued by the provident fund management center of the transfer place.

Note:There is no way to transfer medical insurance to another place。After arriving in a new city, the new employer can only apply for a new medical insurance account.

However, the money in the previous health insurance account could be spent or withdrawn at the pharmacy, but the consumption could only be made in the previous city.

1. There are still great restrictions on the cross-regional transfer of social security. Social security in other BAI places can be transferred to the hukou office

In the ground, go to the non-hukou zhi

The location is more troublesome than the DAO. First of all, you need to issue a letter of acceptance from the locality, and then go to the previous social security to go through the transfer procedures;

2. The social security in other places can be transferred back, but only the part paid by the individual can be transferred, and the part paid by the unit cannot be transferred; The social security in other places can also not be transferred for the time being, and if it is not continued to be paid, it will be automatically sealed; At present, China is considering the establishment of a national network of social security, perhaps a few years later, the national social security network, social security may not be so troublesome.

The process is as follows: 1. Go through social security in company B according to the usual procedures, and after paying at least one month's fees, go to B social security to open a letter of acceptance; With this letter of acceptance, I went to the social security bureau of A, saying that I wanted to transfer the money from the social security account to B, and gave the letter of acceptance to the person in the social security bureau A, and then the social security bureau A gave a bunch of materials;

2. About a month, after the money in A's social security account arrives in B's account, take the materials and go to B's social security bureau to handle the continuation. If you pay the five insurances of "endowment, medical care, unemployment, work-related injury, and maternity", no matter how many of the five insurances are paid, only endowment insurance; All the pension insurance in A has been transferred to B's account, and you have to do it yourself to open an account.

If you have handed in "pension, medical care."

BAI, unemployment, work-related injury, maternity "five insurances, no matter how many insurances you have paid, only the endowment insurance can be transferred.

Medical insurance, the money on the card is swiped, and you will not be allowed to transfer it across provinces.

Unemployment insurance, you can get 2 months of unemployment insurance after paying for one year, you can get it in the original place of work A, or you can transfer to the social security bureau of place B where you changed your job.

Work injury, childbirth, contributed to the country.

If you transfer, you can only transfer pension insurance across provinces, from A to B, pay in the name of the company, and go as follows:

1. After going through social security in company B according to the usual procedures and paying at least one month's fees, call the personnel department of company B or yourself, to go to social security B to open a letter of acceptance.

2. Take this letter of acceptance, go to the social security bureau A, say that you want to transfer the money from the social security account to B, and give the letter of acceptance to the person in the social security bureau A, and then the social security bureau A will give you a bunch of materials.

3. About a month or so, after the money in your social security account in A arrives in B's account, you take the pile of materials and go to B's social security bureau to handle the connection.

4. Okay, all of your pension insurance in A has been transferred to B's account, and the number of years of your current pension insurance is: A B.

If you pay in B in your personal name, it's pretty much the same, but you have to do it yourself to open an account or anything else (if your account is not in B, you won't be allowed to pay in your personal name).