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In the case of voluntary resignation, if you leave your job 30 days in advance, or if the company approves and hands over your job 30 days in advance, the company will calculate your salary based on the number of days you work.
If you are angry and do not say goodbye, then you should be prepared not to get paid, in this case it is difficult to get the salary you did not get.
The following are the rules regarding voluntary separation:
The meaning of voluntary resignation and unauthorized resignation is the same, both of which refer to the behavior of the employee who leaves his or her job and unit at will without greeting the employer. This kind of behavior of not saying goodbye is not in accordance with the law, and often causes economic losses to the employer, and the employer often has to investigate the responsibility of the employee. Employers may treat employees who leave their jobs without authorization as absenteeism and remove them from work.
According to state regulations, workers who voluntarily leave their jobs do not enjoy any benefits.
There are 5 types of voluntary separation with compensation.
The five situations are: forced labour by means of violence, threats or unlawful restrictions on personal liberty; Failure to pay labor remuneration or provide labor conditions in accordance with the labor contract; deducting or defaulting on the wages of workers without reason; refusal to pay wages and remuneration for extended working hours; Workers are paid wages below the local minimum wage.
The labor department pointed out that in the above five situations, if the employee proposes to terminate the labor contract and the employer refuses to pay the labor remuneration and compensation, the employee can apply for labor arbitration within the prescribed time limit until filing a lawsuit with the court to protect his legitimate rights and interests. [1]
Personally, I think that your company's personnel are more familiar with the labor law and deal with it according to the labor law, which is a more euphemistic statement, which means that you can't get a salary.
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If you leave the company yourself, your salary will not be deducted.
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If you are late, the company will not deduct any fees if the company allows it.
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Don't understand what voluntary resignation is? Did you resign on your own initiative or did you voluntarily leave after a quarrel according to the article of your company's employee code? If you leave the company on your own initiative, after the company approves it, your salary will be paid until the day of departure.
If the company fires you, there is no reason in the employee code or employment contract to dismiss you for quarrel. If you go home and don't go to work, the company will pay you more than your salary for March from the day you leave. If there is any mistake in the employee code that causes the company to lose, the company can deduct your bonus and commission.
However, the deduction of wages is invalid, and even if there is such a thing, it is invalid.
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Settle your salary based on the number of days you actually attended.
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Legal Analysis: No, the employer shall pay wages in full and in a timely manner in accordance with the contract, and shall bear the corresponding liability if the wages are illegally deducted or the payment is delayed. 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.
Enterprises should understand and confirm the real reasons for employee resignation in a timely manner. In the case that the employee does not leave the company, the employer shall actively perform the procedure of notifying the termination of the employment relationship to avoid possible disputes and risks.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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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.
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Summary. <>
Hello dear! I am glad to answer for you, employees leave voluntarily, and the company cannot deduct wages. If an employee voluntarily resigns, the employer shall not deduct the employee's wages, but if the employee causes economic losses to the employer due to the employee's own reasons, the employer may claim compensation from the employee in accordance with the provisions of the labor contract.
If an employee voluntarily leaves the company, can the company deduct the salary?
Hello dear! I am glad to answer for you, employees leave voluntarily, and the company cannot deduct wages. If an employee voluntarily resigns, the employer shall not deduct the employee's wages, but if the employee causes economic losses to the employer due to his own reasons, the employer may disturb Yingchan and demand compensation in accordance with the agreement of labor union.
Wages refer to the remuneration paid by the employer or statutory employer to the employee in the form of money in accordance with the provisions of the law, or the regulations of the trade or the agreement between the employer and the employee. Wages are essentially the value or ** of labor and are an important part of the cost of production. Wages can be calculated in different forms, such as hourly salary, monthly salary, annual salary, etc.
I didn't understand what it meant, I didn't do it myself, he meant to deduct my salary.
You can't deduct your salary.
He said that the company stipulated that he needed to leave a month in advance, and he deducted my salary if he said that I didn't say it and left directly.
How to deal with this.
But if you leave your job and cause losses to others, it is reasonable to deduct your salary.
It is recommended to go directly to labor arbitration.
How much can be deducted.
It shall not exceed 20% of the employee's monthly salary
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1. If the employee voluntarily resigns, the employer shall also pay wages according to the Labor Contract Law.
2. If the employee fails to go through the resignation procedures because of the employee's voluntary resignation, and causes losses to the employer, he or she can claim compensation.
1. Is there a problem with taking leave during the resignation period and leaving directly after the resignation period is extended?
Failure to complete the resignation procedures is not considered resignation, and leaving in this case is a voluntary resignation. Voluntary resignation refers to the employee's failure to perform the termination procedures when terminating the employment relationship, leaving the post without authorization, or leaving the employer without completing the termination procedures. Employers may treat employees who leave their jobs without authorization as absenteeism and remove them from work.
According to state regulations, workers who voluntarily leave their jobs do not enjoy any benefits.
Second, not long after signing the labor contract, can you leave directly if you don't want to do it?
1.If the employee is an ordinary employee and leaves on his or her own during the probationary period, the employer may require the employee to compensate for recruitment and training expenses. If you are a regular employee and cause financial losses to the company, the employer can require you to compensate for the financial losses. If a confidentiality agreement is signed, the employee cannot work in a competitive unit with the original employer after leaving, nor can he disseminate information known to the original employer, otherwise it constitutes unfair competition and he will be liable for compensation.
2.If there is no resignation certificate since leaving, it will also affect the transfer of social security procedures and affect the entry into the new unit, because some units require the employee to provide a resignation certificate issued by the original employer.
3. Do Foxconn's hourly employees have to deduct their wages if they leave their jobs automatically for three days?
Absenteeism for three days is paid for voluntary resignation. If you go through the resignation procedures, the salary and economic compensation must be settled at one time when you leave the job, and the number of days of absenteeism can be deducted. Employers are not allowed to make arbitrary deductions.
When both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. Voluntary resignation is an act of forcibly terminating the labor relationship with the enterprise according to the employee's own situation.
Article 90 of the Labor Contract Law stipulates 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.
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If an employee voluntarily resigns from his or her job, the employer may require the employee to pay certain compensation.
Article 90 of the Labor Contract Law of the People's Republic of China 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.
Article 16 of the Interim Regulations on the Payment of Wages Article 16 If the employer suffers economic losses 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 salary after deduction is lower than the local monthly minimum wage standard, it will be paid according to the minimum wage standard.
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If an employee voluntarily leaves the company, can the company deduct the salary?
Hello, according to the provisions of the Labor Law, when an employee leaves his or her job due to personal reasons, the company shall not deduct the corresponding salary. If the resignation is caused by the company, the corresponding salary can be deducted in accordance with the labor contract. Legal basis:
According to Article 45 of the Labor Law, when an employee leaves the company due to personal reasons, the company shall not deduct the corresponding salary. If the resignation is caused by the company, the corresponding salary can be deducted in accordance with the provisions of the labor contract, and there is a basis for the discrepancy in Article 45 of the Labor Law.
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If the employee notifies the company 30 days in advance, then the company should pay the salary as usual, even if he leaves without reason, but if the employee leaves the company without 30 days' notice and directly leaves the company and causes losses to the company, then the company can decide not to pay the employee's salary.
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No. Employees voluntarily leave the company, and the company does not need to pay compensation.
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If the employee resigns in accordance with the provisions of the labor law, the resignation procedures should be completed one month in advance, and if the employee does not go through the procedures in accordance with the regulations, the company can request the pursuit of losses, and the specific can be discussed with the company.
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If you fail to resign in accordance with the procedures stipulated in the Labor Contract Law, the employer can pursue the losses caused to the company by deducting certain expenses.
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It is enough to submit your resignation one month in advance, but if you are absent from work and are dismissed, you will not be able to apply for wages.
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Looking at the company's rules and regulations, if you don't do a word, you will run away, and it is impossible to think that the company will issue the company normally, which will lead to poor management of the company.
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