If I want to quit my job, how much salary should be deducted according to the labor law

There is no provision for wage deduction by law.

1. There are three situations in which an individual proposes to resign:

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

Labor Contract Law!

The labor law does not clearly stipulate the statement of resignation, which is generally formulated by the company itself, most companies usually deduct 500 yuan, and some companies deduct about 650, because all wages are according to the 2030 basic salary of the labor law, and those who deduct more than 500 are black-hearted.

The Labor Law stipulates that the wages deducted for emergency resignation are as follows:

1. Deduct the corresponding amount:

1) Because of the relevant laws and regulations, if the employee does not submit the resignation 30 days in advance, and the employer does not have any other circumstances, the employee leaves without directly submitting the resignation letter, which is a violation of the law at this time;

2) The employer should pay the wages of the employee, because according to the regulations, the employee has the right to receive labor remuneration after he has performed labor for the employer. However, the employer may require the employee to bear the direct economic losses and recruitment expenses caused by the employee to the employer;

3) The deduction of wages must be established in accordance with the rules and regulations of the procedure, and the deduction by the employer shall not exceed 20%, and if the salary after deduction is lower than the local minimum standard, it shall be paid according to the minimum standard;

2. If no loss is caused, the worker can negotiate with the company and get the corresponding remuneration;

3. If the two parties fail to reach an agreement, then they can go to the labor administrative department.

Legal sail closure basisArticle 16 of the Interim Provisions on Payment of Wages.

If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.

If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Article 17 An employer shall, in accordance with these Regulations, formulate an internal wage payment system through consultation with the workers' congress, the workers' congress or other forms, and inform all the workers of the unit, and at the same time report it to the local labor administrative department for the record.

There is no provision on how much wages should be deducted, but if the employee terminates the labor contract in violation of the law, the employer shall be compensated for the losses. The so-called sudden resignation is not a legal definition, but usually refers to the immediate termination of the contract or the termination of the contract within a short period of time. There is a distinction between lawful and illegal, and shall be treated separately from each other.

1. If the employer is legally at fault for delaying the workplace, the employer may terminate the contract at any time if the employer has the statutory fault as stipulated in Article 38 of the Labor Contract Law. Among them, the employer shall be notified of the termination of the contract in accordance with paragraphs (1) to (6) of Article 38; If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer. If an employee terminates a contract in accordance with Article 38, the employer shall settle the wages at the time of termination of the contract and pay one month's salary severance every year according to the employee's years of service in the employer.

2. If the employer resigns in a hurry due to no legal fault, if the employee resigns in a hurry and submits an application to the employer for urgent resignation, the employer may refuse to terminate the contract through negotiation with the employer, but the employer may not deduct wages if agreed; According to Article 90 of the Labor Contract Law and Article 9 of the Interim Provisions on Payment of Wages of the Ministry of Labor, the employer shall settle the wages according to attendance, but the employee shall compensate the employer for the losses, and the settlement of wages and compensation for losses shall be calculated separately and settled together. If the employer claims compensation for losses, it shall bear the burden of proof for the losses.

The Labor Law stipulates that the wages deducted for emergency resignation are as follows:1. There are relevant laws and regulations that if the employee does not submit his resignation 30 days in advance, and the employer does not have other circumstances, he leaves without directly submitting the resignation letter.

2. The employer shall pay the wages of the workers, and according to the regulations, the workers shall have the right to receive labor remuneration after they have paid for the work for the employer. However, the employer may require the employee to bear the direct economic losses and recruitment expenses caused by the employee to the employer.

3. The deduction of wages must be established under the rules and regulations in accordance with the procedures, and the deduction by the employer shall not exceed or hail 20%, if the wages after deduction are lower than the local minimum standard, it shall be paid according to the minimum standard.

Wage deduction is an enterprise action and has nothing to do with labor law. Rush resignation to see if it has caused losses to the enterprise, deduction of wages is to make up for the loss of the enterprise, and the worker is willing to let the deduction enterprise can be deducted, not how much the enterprise wants to deduct! In principle, it is illegal for an employee to resign and deduct wages.

If you don't want to use the law to defend your rights, it is best to notify the company in advance if you quit your job, and there is no need to create labor disputes without special circumstances.

The Labor Law stipulates that there is no specific amount of emergency deduction, but if the employer is not notified to terminate the labor contract in accordance with the law, the losses caused to the employer shall be deducted from the salary, and the rest of the wages shall be paid.

According to Article 90 of the Labor Contract Law, 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.

In addition, the Labor Contract Law also points out that if an employer recruits an employee who has not terminated or terminated the labor contract with another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation. Article 92 stipulates that whoever violates the provisions of this Law by engaging in labor dispatch business without permission shall be ordered by the labor administrative department to stop the illegal act, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the amount of the illegal gains; where there are no unlawful gains, a fine of up to 50,000 yuan may be imposed.

Where a labor dispatch unit or employing unit violates the provisions of this Law on labor dispatch, the labor administrative department shall order it to make corrections within a specified period of time; If the correction is not made within the time limit, a fine of 5,000 yuan to 10,000 yuan per person shall be imposed. The labor dispatch business license of the labor dispatch unit shall be revoked. If the employer causes damage to the dispatched worker, the labor dispatch unit and the employer shall be jointly and severally liable for compensation.

Article 93 stipulates that the legal responsibility of an employer that does not have legal business qualifications shall be investigated in accordance with the law for illegal and criminal acts. If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation. Article 94: Where an individual contracted business recruits laborers in violation of the provisions of this Law and causes damage to the laborers, the contracting organization and the individual contracted operator shall be jointly and severally liable for compensation.

Article 95 stipulates that if the labor administrative department and other relevant competent departments and their relatives take advantage of their staff members for dereliction of duty, failure to perform statutory duties, or illegal exercise of powers, causing damage to workers or employers, they shall be liable for compensation. The directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with the law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Therefore, the labor law does not specify how much wages will be deducted for emergency resignation.