I ve been on the job for 10 months and now I m quitting, can I get paid

Updated on society 2024-04-05
6 answers
  1. Anonymous users2024-02-07

    1. If you do not sign a labor contract, you can leave immediately after your resignation in writing, and the employer shall pay double wages from the second month, make up social security, and pay economic compensation for the termination of labor relations.

    2. If there is a contract and no social security has been paid, the employer must pay one month's salary for each year of work in accordance with the provisions of Article 38 without 30 days in advance and without approval, and the employer must also pay one month's salary for each year of work in accordance with the provisions of Article 16 and Article 47 of the Labor Contract Law;

    3. After submitting the decision (or notice) to terminate the labor contract, it doesn't matter whether it is approved or not, the key is to have someone sign for it, as a proof of the termination of the labor contract in accordance with the law, otherwise the bad unit will say that you are automatically resigned, and you have not submitted the resignation report, putting all the responsibility on you, and also finding an excuse for not paying your recent salary.

    See Article 10 of the Labor Contract Law: A written labor contract shall be concluded to establish an employment relationship.

    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.

    If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

    Article 82 Where an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

    Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

    Labor Contract Law of the People's Republic of China.

    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;

  2. Anonymous users2024-02-06

    Hello! You yourself request to terminate the employment relationship, and the company has not violated the terms of the contract, so the company has not breached the contract, so it will not pay liquidated damages.

  3. Anonymous users2024-02-05

    This depends on how your contract is written.

  4. Anonymous users2024-02-04

    You're quitting! What do you want?

  5. Anonymous users2024-02-03

    If you resign after more than 10 days of work, the employer shall pay the employee's wages in full at the time of dissolution or termination of the labor contract. Wages shall be paid in monetary form on a monthly basis and shall not be paid in kind or in lieu of currency. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf.

    [Legal basis].Article 9 of the Interim Provisions on Payment of Wages.

    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.

    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.

  6. Anonymous users2024-02-02

    If you have resigned, if the reason for resignation is not to pay social security, you can get severance for one month's salary, if you resign for this reason, you cannot get severance payment.

    However, you can ask your employer to make up your social security contributions.

    28. Where an employee submits his resignation on other grounds, and then requests the employer to pay economic compensation on the grounds that the employer is forced to resign under the circumstances specified in Article 38 of the Labor Contract Law, it will not be supported.

    Interpretation: To confirm the employee's right to forced termination according to the employee's true expression of intent at the time of termination rather than after the fact, the employer shall provide evidence to prove the employee's reasons at the time of termination and whether it is the employee's true expression of intent.

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