Is it good or bad to leave without pay? What is the use of leave without pay

A contract of leave without pay refers to a contract signed by the employer and the employee in accordance with the law in order to enable a specific employee to leave the post without pay for a certain period of time and retain the employee's status, stipulating the mutual rights and obligations of both parties during the period of leave without pay. The contract was born in the 80s of the 20th century, and is only applicable to the original fixed employees, not to the employees under the labor contract system. The contract is generally valid for no more than two years.

The contents include: the period of leave without pay, the calculation of the length of service during the period, whether to continue to enjoy labor insurance benefits, and whether the employee on leave without pay should pay social insurance premiums to the original unit on a regular basis. During the period, employees are not promoted, and do not enjoy various allowances, subsidies and labor insurance benefits; Those who have basically lost their ability to work due to illness or disability may be dealt with in accordance with the method of resignation.

This contract shall be submitted by the employee in writing, and the two parties shall negotiate and sign it after being approved by the enterprise. If an employee applies for leave without pay but leaves the post without the approval of the enterprise, the enterprise shall deal with it as a violation of labor discipline. The employee who signed the contract continues to retain the status of an employee of the original employer, but does not work for the original employer.

The original employer ceases to pay wages to the employee.

In the current labor contract law, there is no relationship called suspension of pay and leave of employment, which was only available in state-owned enterprises and public institutions in the past, which means that the position is reserved for you, but we do not pay wages if you do not use it to work, but only retain the labor relationship for you, and you are still counted as a member of our unit.

In your case, first, if you have to buy insurance during the probationary period according to the law, if you have not paid it, you can go to the local labor inspection department and the social security window to ask for supplementary payment. However, you will also have to bear the personal share of the retroactive payment.

Second, although you have signed an employment contract, you should still be on probation based on the date. If your company no longer needs you to work due to the termination of the cooperation between the company and Party A, then according to the law, based on your age, you should be paid half a month's severance compensation, that is, n.

Third, if the company does not agree to pay you severance compensation and forcibly terminates the employment relationship with you, it is an illegal termination, and you can go to arbitration and ask the company to pay you double compensation, that is, 2n.

The above is based on the reason given by the company is "to terminate the cooperation with Party A, and you are no longer needed for this position". If the company is cunning and doesn't say the reason, and finds evidence that you don't meet the company's hiring requirements, it will be difficult to defend your rights, after all, you are still on probation.

Personally, I suggest that all claims made should be written in writing, or chat logs, or emails, so that you can provide valid evidence when going through the legal process.

It's not good, it's not conducive to future development, and it will be greatly affected.

It's not good to leave without pay. Because you're out of pay, what's the use of going to work? Going to work is a wage. Leave without pay is not good, it is useless.

What should I do if I leave my job without pay?

That is to say, if you want to take a leave of absence for more than a few months, then your unit can keep your original position and position, and you can still go to work as usual when you come back, but if you don't work during this period of salary, it will not be paid to you, so you will be suspended from pay, if you think you can, please give it an adoption!

Legal analysisAny redundant employees who are not needed by the enterprise can be allowed to "leave their jobs without pay". Employees who leave their jobs without approval will be treated as voluntary resignation. The requirement of permanent employees of enterprises to "leave their posts without pay" to engage in self-employment permitted by the policy is of certain benefit to bringing into play the enthusiasm of surplus workers and overcoming the phenomenon of enterprises being overstaffed.

Generally, the period of "leave without pay" is generally not more than two years. During the period of "leave without pay", if they do not be promoted, do not enjoy various allowances, subsidies and labor insurance benefits, and are sick or disabled and basically lose their ability to work, they may be dealt with in accordance with the method of resignation, and if they meet the conditions for dismissal stipulated in the "Regulations on Rewards and Punishments for Employees of Enterprises", the original unit has the right to deal with them as dismissed.

Legal basisCompany Law of the People's Republic of China Article 3 A company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Legal Analysis: It is an illegal act for an employer to impose a suspended salary on an employee, which violates the labor law. Wage arrears can choose to protect their rights by filing labor arbitration. Sen people.

Legal basis: Law of the People's Republic of China on Labor and Sun Chun Yutong Article 85 In any of the following circumstances, the labor administrative department shall order the 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, and if the employer fails to pay the difference within the time limit, the employer shall be ordered to pay additional compensation to the worker according to the standard of 50% to 100% of the amount payable

1) Failure to pay the labor remuneration of the laborer 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.

It is only applicable to the original permanent employees, and is not applicable to the employees under the labor contract system. The contract is generally valid for no more than two years. Its contents include:

The period of leave without pay, the calculation of the length of service during the period, whether the employee continues to enjoy labor insurance benefits, and whether the employee on leave without pay should pay social insurance premiums to the original unit on a regular basis.

The legal basis for the dispersion of the relationship related to this article].

Supplementary Circular of the Ministry of Labor and Personnel, the State Economic Commission, and the State Administration for Industry and Commerce on the Issue of Employee Requests for Leave of Absence without Pay" I. Employees on leave without pay refer to the surplus permanent employees of state-owned enterprises. How to deal with the surplus workers of collective enterprises under the management of districts and counties shall be determined by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Those who have one of the following circumstances shall go through the procedures for suspension of pay and leave of employment: 1. Those who have been ill for a long time and have not recovered for more than one month; 2. Those who are temporarily unable to go to work due to special circumstances. General"Leave without pay"The time period is generally not more than two years.

Leave without pay"During the period, there will be no upgrades, and no various allowances, subsidies and labor insurance benefits will be enjoyed.