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Under normal circumstances, when you resign and expire, the employer will pay off all the wages and subsidies for you. However, some units need to be postponed for one to two weeks. You can apply for a settlement of wages with your leader. If. In arrears, you can appeal if you don't pay the settlement salary.
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According to the regulations, the salary is settled when the person leaves. Some units will hit you when the salary is paid. If this is not the case, it is a delay and no money is paid, and you can go to the labor inspection department to solve the problem.
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Go to the court to sue him, protect his rights and interests through legal channels, or apply to the labor inspection department for administrative arbitration.
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Ask the person in charge of the salary settlement of the original employer to see what caused it, and then handle the next step.
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In some units, wages are paid according to normal hours, but the working hours will be recognized at the time of handover, and if he has neither settled wages nor settled working hours, he can request settlement, otherwise he will go to the labor bureau to apply for arbitration.
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If the normal resignation procedures have been completed and the company does not pay the settlement salary, you can go directly to the company's finance to ask for it, and of course, you can also complain to the labor inspection department to protect your legitimate rights and interests.
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For such a black-hearted boss, take the evidence to the labor inspection brigade to accuse him.
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If the company does not settle the wages when the resignation expires, the employee can file a complaint with the security supervision brigade of the labor department, or directly apply for labor arbitration. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. In accordance with the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the wages and remuneration of the worker within the prescribed time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.
[Legal basis].Article 19 of the Interim Provisions on the Payment of Wages.
In the event of a labor dispute between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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If the employer does not pay the salary, you can file a complaint with the local labor inspection brigade or directly apply for labor arbitration to resolve the issue.
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Go directly to the labor bureau to reflect, collect evidence according to the requirements of the labor bureau, and then apply for labor arbitration, so that you can not only get wages but also compensation.
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If you quit your job and don't pay you a salary, you can go to the court to sue for a lawsuit, and you can solve the problem of your salary by suing.
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First, keep all the formalities to take photos or chat screenshots;
Second, give priority to consulting with the company's human resources department to understand the specific situation;
Third, give priority to communicating with the human resources department and inform the local labor department for help if you do not perform in accordance with the law;
Fourth, go to the labor department for help, and the name of the relevant department in each region is slightly different.
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There is no reason why the employer will not pay you a salary, but it is not yet time to pay your salary, so it cannot give you a salary in advance. It only takes the date of next month's salary to be paid to your card, so there is no need for you to rush.
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If the resignation expires and the employer does not settle the wages, it can file a complaint with the local labor bureau or public security bureau and give relevant treatment in accordance with the labor law.
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If the company still refuses to pay wages, it can first ask the labor department to mediate, and if it still fails, it can apply for arbitration or even litigation. As long as you have a formal labor relationship, you are not afraid of those JS cheaters!
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After the resignation expires, the unit will not settle the salary, which has to be agreed by your leader, if the leader agrees, he will negotiate with you, so that you can get the salary immediately, it all depends on your relationship with the leader.
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After resigning, the employer will not settle the salary, let the unit give you an explanation, and really do not go to labor arbitration to solve it for you, but please keep valid evidence.
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If the resignation expires and the unit does not settle the salary, you can ask the leader about this, and if you keep prevaricating, you can find the arbitration department.
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The labor law stipulates that the wages must be settled when the resignation is due, unless the two parties agree on the time of payment, and if the company refuses to settle the wages, you can file a complaint with the labor department.
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Since it is time to resign, it is the responsibility of the unit not to introduce the salary, you can negotiate with the unit first, and if the negotiation fails, you can go to the labor department to complain.
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It depends on the specific situation, why not settle the settlement, whether the labor contract was signed at that time, communicate with the relevant person in charge of the unit, and apply for labor arbitration if there is no result.
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Workers can file a complaint with the local labor bureau, apply for arbitration, and claim financial compensation.
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You can go to the local labor department to sue him, because the company has no right to deduct the wages of the workers, which is illegal.
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If you resign one month in advance according to the regulations, and now it's time to leave the unit, and the employer does not settle the salary, you can go to the labor department to complain.
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In this case, you must communicate with the factory or the unit, and if you can't communicate after communication, you have to report to the labor bureau.
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You can report to the labor department and apply for labor arbitration.
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Apply for labor arbitration or go to the labor bureau for feedback.
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After collecting evidence, you can go to the local labor bureau to apply for arbitration, and the unit will definitely have to pay for this case.
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This can be arbitrated by the unit that does not accept the wages and can file a complaint.
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Do you have to wait until the payroll settlement date to settle the settlement?
If yes, just wait two days.
If not, file a complaint with the Labor Inspectorate.
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Lodge a complaint with the Labour Inspectorate!!
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Go to your local labor department for advice. Ask for a solution.
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Summary. Hello, if you have submitted your resignation application normally and completed the work handover, there is no reason why the company will not settle the salary. If the company insists on paying the settlement, you will sue the company for illegal termination or unpaid wages.
What should I do if my resignation expires and the employer does not settle the salary?
Hello, if you have submitted your resignation application normally and completed the work handover, there is no reason why the company will not settle the salary. If the company insists on paying the settlement, you will sue the company for illegal termination or unpaid wages.
Good. I'm glad to be able to help you.
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The dismissal of the company when the resignation expires is handled as follows:
1. ** Complaint to the local labor law enforcement supervision brigade, will supervise and inspect the employer in accordance with the law, and order it to pay the arrears of wages, if the company does not pay the wages of the employees on time, the employees can terminate the labor contract at any time, and immediately require the company to pay the arrears of wages and 25% of the economic compensation according to the arrears of wages;
2. An application may be made 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, and if the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable;
3. Apply for labor arbitration to the local labor administrative department, and claim compensation from the unit through the award issued by the labor arbitration, and the employer shall, in accordance with the provisions of the labor contract and national regulations, pay the labor remuneration to the employee in full and in a timely manner, and the worker may complain to the labor administrative department, and the labor administrative department shall handle it 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, 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.
Article 6. In the event of a labor dispute, the parties concerned have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.
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You can also follow the provisions of Article 38 of the Labor Contract Law to see which article the company has violated, and if there is a violation, then you can terminate the labor contract at any time.
If the company is stubborn, then you can defend your rights at the labor bureau until you apply for arbitration. The arbitration acceptance time is within 60 working days, and it can be extended by 30 working days under special circumstances, which is relatively long, if the company does not fulfill the arbitration result, then you have to apply to the court for enforcement, so the whole process is relatively long. If you are afraid of trouble, then give way, of course, if the company wants to gain an inch, then you can't be afraid of trouble.
It's easy to apply for arbitration, you just find the labor bureau, they will let you fill in the relevant **, this matter is not troublesome, but it takes a long time.
Article 10 A written labor contract shall be concluded for the establishment of labor relations.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker 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.
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When the employment relationship is terminated, the employer shall pay the employee's wages in a lump sum.
If the employer fails to pay, the worker may file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade shall order the employee to pay within a time limit. When making a complaint, a copy of the applicant's ID card and evidence of the relevant arrears of wages should be provided.
or apply to the Labor Dispute Arbitration Commission for labor arbitration. A written application for arbitration (2 copies) shall be submitted at the time of application; List of evidence and corresponding evidence materials (2 copies), the main evidence materials are labor contracts, salary bank statements; Copy of ID card (1 copy).
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 law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.
Labor Contract Law
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable;
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
Labor Dispute Mediation and Arbitration Law
Article 5 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.
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It is advisable to report to the labour inspectorate.
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A word for you? What is called the gain outweighs the loss.
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If the employer refuses to pay the employee's wages when the employee's resignation expires, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. How to apply for labor arbitration: 1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration
2 copies of the application for arbitration and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing). 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. If the employer does not pay the wages in a timely manner, there are two ways to request the payment of wages:
1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Cons:
Enforcement may not be very strong in various places; 2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also 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.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
Legal basis: Provincial wage payment regulations. For example:
Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship. Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with an employee in accordance with the law, the enterprise shall pay the employee the wages due in a lump sum when the labor contract is dissolved or terminated.
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