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1. There are three situations in which an individual proposes to resign:
1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.
2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.
3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.
2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.
Labor Contract Law!
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Unreasonable, apply to a labor arbitration institution for arbitration and punish him to death
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If you quit your job in a hurry and have your wages deducted from the factory, you can complain to the local labor inspection department and ask it to pay wages in accordance with the regulations.
According to Article 18 of the Interim Provisions on Payment of Wages, labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Other provisions on wages.
Article 26 of the Regulations on the Supervision of Labor and Social Security: If an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the employee's wages and remuneration, the difference between the worker's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable
1) Deducting or defaulting on the wages and remuneration of workers without reason;
2) The wages paid to the workers are lower than the local minimum wage;
3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
For the above content, please refer to the Ministry of Human Resources and Social Security of the People's Republic of China - Interim Provisions on Payment of Wages.
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Summary. The resignation of the employee in accordance with the regulations does not require the approval of the employer. According to Article 37 of the Labor Contract Law:
The employee may terminate the 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. "It is legal for an employee to resign in accordance with this provision, and he can leave his job when the time comes.
Employees who are in arrears of wages, do not pay wages, or have their wages deducted may file a complaint with the labor inspection department or apply for labor arbitration.
If I quit my job in the factory, I will not be given a resignation letter, and 40% of my salary will be deducted.
The resignation of the employee in accordance with the regulations does not require the approval of the employer. According to Article 37 of the Labor Contract Law, "an employee may terminate the labor contract by notifying the employer in writing 30 days before the employee proposes to make a joke."
The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. "It is legal for workers to resign according to this provision, and they can leave their jobs when the time comes. Employees who are in arrears of wages, do not pay wages, or have their wages deducted early may file a complaint with the labor inspection department or apply for labor arbitration.
I went to the end of July to resign and didn't give me the letter of resignation, I did it, at the end of September he said that he would deduct 40% of me, the company has violated the law, and Xiang Rotten can't deduct the employee's salary for any reason. It is recommended that you negotiate with the company first, and if the negotiation fails, it is recommended that you take legal means and apply for labor arbitration.
The factory first asked me to go to the factory to write a resignation letter.
Then go and write, if you still have your salary deducted, we will sue him!
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In the factory, I was in a hurry to quit and deduct money, but I wrote a resignation form that was not due and was not allowed to go to work, and the factory should not make up the money.
Dear, I'm glad to answer for you: I was in a hurry to deduct money in the factory, but I wrote a resignation form and didn't let me go to work before it expired, should I make up the money in the factory Answer: 1. The labor law stipulates that after the worker pays for the employer, he has the right to receive labor remuneration accordingly.
This is one of the basic rights granted to workers by the Labor Law. Therefore, I work for the company, and the company has to pay you a salary, and if you don't pay your salary, it's illegal. 2. Even if you leave voluntarily, after all, you have worked for the company, and you also need to pay your salary.
The company can make a moderate deduction from your salary due to your voluntary resignation, but this must be established under the rules and regulations that comply with the procedures, such as the rules and regulations are discussed through democratic procedures and approved by the majority of employees, publicized, and the employees have been trained and signed for confirmation, or there is an agreement in the labor contract. Otherwise, the company cannot arbitrarily deduct the employee's salary, because the company does not have the power to impose administrative penalties. As for the deduction of wages, it generally cannot exceed 20%, or the remaining wages after deduction shall not be lower than the minimum wage.
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Legal analysis: There is no legal basis for resigning from work and deducting money, which is an illegal practice. If the employee cannot be resolved through negotiation, the employee can apply for labor arbitration for disposal, and if he is not satisfied with the award, he or she can directly file a lawsuit with the people's court to request the people's court to protect the legitimate rights and interests of the employee.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, transformation, rescission and termination of labor contracts;
3) Disputes arising from dismissal, resignation, resignation, or dismissal;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation, and compensation or compensation;
6) Other labor disputes as defined by laws and regulations. Hidden.
Article 4 In the event of a labor dispute, the worker may discuss with the employer, or invite the labor union or a third party to jointly discuss with the employer to reach a settlement agreement.
Article 5 In the event of a labor dispute, if the parties are unwilling to discuss, the negotiation fails, or they do not perform after reaching the conclusion of the 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 the mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; A person who is dissatisfied with an arbitral award may file a lawsuit with the people's court, except as otherwise provided by this Law.
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