Salary settlement issues after resignation, resignation salary settlement

Generally, after resigning according to the normal procedure, the salary will be paid on the payroll date! I used to listen to the teacher, it seems that some relationships are more confidential, and there are some restrictions! Not sure what kind of work you do! You can consult a professional lawyer to know best!

Have you signed a non-compete agreement or a non-disclosure agreement.

It may depend on the specific situation.

If you don't sign it, you go directly to the local labor inspection brigade, and they are responsible for this kind of thing.

One to the other.

Find your local labor arbitration department, explain the situation, and let them help you out.

It is not legal, and it should be settled within a month.

1. When you resign, the company should pay you the wages you deserve in a timely manner, and the resignation contract violates the provisions of the Contract Law and the agreement is invalid.

2. The contract says that you cannot work in the same industry, which refers to the non-compete agreement. However, the company can only agree to keep the employer's trade secrets and confidential matters related to intellectual property rights, and other matters are not non-competition. However, at the same time, the company shall give you financial compensation on a monthly basis during the non-compete period.

Otherwise, you are not subject to non-compete.

The Labor Contract Law stipulates that for an employee who is obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Legal analysis: According to the previous agreement, the wages of the employee shall be settled in a lump sum and shall not be in arrears. If you want to leave your job before the date of payment of wages, according to the employer's regulations, you can only receive it when the salary is paid in the following month.

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.

After the resignation of the employee, the employer shall pay the wages in accordance with the time and form agreed before.

Legal basis: In accordance with Article 50 of the Labor Law of the People's Republic of China.

Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed. The enterprise must complete the certificate of termination of labor relationship and the procedures for the transfer of social security within 15 days after the employee leaves the company.

If it is not handled, the enterprise shall bear legal responsibility if it causes losses to employees.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

1. Will the labor contract be automatically terminated upon expiration?

The employment contract will be automatically terminated upon expiration, and the employment contract may be terminated in advance if the other party has evidence to prove that the other party has committed a material breach of contract.

Legal basis: The labor contract shall be terminated under any of the following circumstances under Article 44 of the Labor Contract Law:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The laborer dies, or is declared dead or missing by a civil court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

2. Precautions for signing labor contracts.

The first point is that the employment contract must be signed within one month of the employee's employment.

Second, the employment contract must have relevant information about both Party A (the company) and Party B (the employee). Company information includes: full name of the company, registered mailing address, legal representative, contact**.

Point 3: The employment contract must specify the start and end dates of the contract, and if there is a probationary period, the probationary period is also included in the contract term.

Fourth, the employment contract or the annex to the contract clearly states the content and place of work after joining the company. In some companies, the work content is in the form of a separate job description, which is also legally valid as an annex to the labor contract.

After resignation, the salary should be settled in a lump sum at the time of resignation, and it should be calculated according to the actual number of days of attendance. When both parties to the labor relationship 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. In practice, the two parties can agree through consultation that the wages can be paid uniformly on the next payment date.

The salary after resignation shall be calculated as follows: monthly salary divided by multiplied by the actual number of days of attendance.

Legal basis] Article 9 of the Interim Regulations on the Payment of Wages and Rents.

When both parties to the labor relationship 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.

After the resignation of the employee, the employer shall make the payment in accordance with the time difference and form of payment of wages as previously agreed.

According to Article 50 of the Labor Law of the People's Republic of China, wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. The enterprise must complete the procedures for the termination of the labor relationship and the transfer of social security within 15 days after the employee leaves the company.

If it is not handled, causing losses to employees, the enterprise shall bear legal responsibility after graduation. Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) Withholding or defaulting on the worker's wages without reason; 2) Refusal to pay wages and remuneration for extended working hours; 3) Paying wages to workers lower than the local minimum wage standard; 4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.