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If you do not follow the normal procedures, you are at fault, and the company will not compensate you.
However, it is not lawful to deduct your wages at will, unless it can be proved that your negligent actions have caused definite losses to the company.
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If I leave my job without following the normal procedures and do not go to work, does the company have the right to deduct two months' salary? I think you didn't go through the normal procedures, you didn't go to work when you left the job, you belong to a private mining company, and you have to deduct two months' salary, which is completely okay, and you didn't go through the normal resignation procedures.
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Failure to follow the normal procedures is considered voluntary resignation. If the company has incurred a loss. There is also the right to compensate you. It's normal to have your wages deducted.
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Hello friends, if you do not resign according to the normal procedures, that is to say, if you do not go through the resignation and handover procedures, the company has the right to claim compensation from you. But the company should pay you for as many days as you work.
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And the normal procedure is to leave the company. I didn't go to work. Does the company have the right to withhold two months? Then you go to this factory. Ah, your oranges used to be whatever they used to say. Do. It is okay to do what the lover asks you to do.
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If I leave my job without following the normal procedures and do not go to work, does the company have the right to deduct two months' salary? You look at your contract. Is there such a clause above.
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According to your situation, if you are absent from your job, your salary should be deducted and punished accordingly, and the company's punishment should be correct.
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Since you didn't go through the normal formalities and left your job and didn't go to work, the employer should definitely deal with it as absenteeism, and not only will deduct your two months' salary, but also fire you.
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Although you have not gone to work after leaving the company through normal procedures, you should be treated as a miner, and the employer can indeed deduct your salary.
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If you leave your job without going to work according to the normal procedures, if your salary is deducted from your two months' salary, this is definitely unreasonable, I suggest you go to the local labor bureau to complain to him.
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Yes, if you leave your job without going to work due to normal procedures, whether the company has the right to deduct two months' salary should have the right.
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Summary. Article 91 of the Labor Law.
If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) Deducting 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
Because I didn't resign and went directly + is it legal for the company to deduct two months' salary.
Good afternoon, dear and at your service.
Are you on probation or a regular employee?
Regular employees. In any case, it is not right to deduct two months' wages from you.
You can file a complaint with the Labour Inspectorate.
You can deduct some companies appropriately, but it is wrong to deduct two months.
At the end of November, I took half a month off because of a work-related injury, so I didn't pay my salary in November, and I couldn't pay it for the whole month of January, and I didn't pay compensation.
The labor law stipulates that wages must be paid monthly, and it is illegal for the company to hold back on the wages and not pay them.
It is even more illegal to not pay wages for work-related injuries.
Work-related injuries should be taken by the company to give you work-related injury insurance**.
You will also have to be paid a basic salary and even financially compensated.
Report the case to the local labor inspection brigade where the company is located.
Otherwise, if you lose a lot, the company will bully honest people who don't understand labor law.
If you report the case, you will definitely be able to get justice, and there is no company that is not afraid of the investigation by the labor inspection brigade.
Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 91 of the Labor Law 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 the employer to pay the worker's wages and remuneration and economic compensation, and may order the payment of such compensation: (1) Withholding or defaulting on the worker's wages without reason; (2) Refusing to pay wages and remuneration for extended working hours to laborers; (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.
Article 93 of the Labor Law If an employer forces a worker to work in violation of regulations and takes risks, and a major accident occurs, causing serious consequences, the person responsible for the source of the crime shall be investigated for criminal responsibility in accordance with the law.
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If the employer deducts the employee's wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. 1. If you work for an employer, there are two ways to request payment of wages: 1. Poor workers can file a complaint with the local human resources and social security bureau for labor inspection; Pros:
It's simple. Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages.
If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the labor relationship is based on arrears of wages, you can also request the payment of severance payments. Pros:
In addition to wages, it is also possible to claim financial compensation , double wages, etc., and it can generally be finally resolved; Disadvantages: Applying for labor arbitration late for reform is a labor lawsuit, with slightly more procedures and professional guidance. 2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, resignation, resignation, or resignation; (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 or compensation, etc.; Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 18 of the Interim Provisions on Payment of Wages Article 18 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 lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard;
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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The resignation letter you submitted last month can be officially resigned within 30 days, and the company has no right to raise objections and deduct your salary without reason, let alone force you to stay on the grounds that you have to do a full batch of work. If you and the company do not reach a negotiation on this matter, you can file a complaint with the labor arbitration commission. If you can find evidence that you have worked in this company for a long time, it can be legally recognized that there is an employment relationship between the two parties.
If you can get it, if you can't get it, you can go to the local civil affairs bureau to consult As long as you notify the company one month in advance, the labor relationship can be terminated after the notice expires. You can receive wages on the day of separation, otherwise you will be in arrears. As for the employment contract, regardless of whether it has been signed or not, as long as it can provide evidence that can prove that there is an employment relationship with the company.
For example: previous payslips, etc.
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Yes, the penalty will be deducted.
The labor contract signed between the employer and the employee is a legally binding relationship between the two parties, and the employee shall perform social insurance, taxes and other obligations in accordance with the terms stipulated in the contract before leaving the company. If the agreement is violated, the unit has the right to deduct the corresponding liquidated damages. According to Article 38 of the Labor Contract Law, "if an employee notifies the employer one month in advance to terminate the labor contract, no economic compensation shall be paid, but the employer may negotiate with the employee to pay economic compensation".
Therefore, if you leave the company for one month without following the company's regulations, you need to bear the responsibility for liquidated damages.
Furthermore. It is recommended that employees read the employment contract carefully before leaving the company to understand the relevant terms of the resignation. If you want to leave your job early, you should negotiate with the company and strive for an agreement between the two parties to avoid liquidated damages.
At the same time, employers should also strictly enforce labor laws and regulations to protect the legitimate rights and interests of employees in terms of resignation.
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Legal analysis: Resign without signing a labor contract, deduct wages, report to the local labor inspection department or apply for arbitration.
Legal basis: Labor Contract Law of the People's Republic of China Article 82 If 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 twice the monthly salary to the employee, and the employer may terminate the labor contract by notifying the employer in writing 30 days in advance.
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It is a serious disciplinary violation for an employee to voluntarily leave the company without going through the resignation procedures. The employer can dismiss the employee and give the employee a disciplinary punishment, and at the same time, it can also deduct part of the employee's incentive treatment as a punishment. However, if the employee does not cause direct economic losses to the unit, the employer shall not deduct the employee's labor remuneration.
If the employer deducts or defaults on the employee's wages, the employee can apply for labor arbitration to protect his or her rights. Legal basis: Article 7 of the Interim Regulations on the Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented. 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 wages of the laborer in full at the time of dissolution or termination. Article 16 If the employer suffers economic losses due to the worker's own reasons, the employer may require the worker to compensate for the economic losses in accordance with the provisions of the labor contract.
Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
Article 18 The 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 lower than the local minimum wage standard; The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State. Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ 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. Article 2 of the Labor Dispute Mediation and Arbitration Law 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 search and confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
(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 or compensation, etc.;
6) Other labor disputes that are regulated by laws and regulations.
If the unit does not issue a resignation certificate, it may appeal or make a complaint to the labor inspection department. Article 50 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. >>>More
1. If the labor contract has not expired, it is necessary to submit a written resignation application and an application for termination of the labor contract to the department leader one month in advance, and report to the human resources department after the department leader signs the opinion. 2. The human resources department shall report to the department level by level, and after the approval of the general manager and the chairman, the human resources department shall notify the department leaders to arrange the work handover. 3. Employees need to hand over in turn according to the contents of the "Departing Employee Handover Formalities", "Work Handover Schedule" and "Item Handover Sheet", and after the Finance Department settles the loan, the handover is deemed to be completed after the handover is signed and confirmed by both parties and department leaders. >>>More
The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall, in accordance with the agreement between the two parties, handle the handover of work and return the goods of the unit to the unit. If the employer shall pay severance to the employee, it shall be paid at the time of the handover of the work. >>>More
1.If you sign a labor contract with the company, the contract states that the company will be compensated for 1,000 yuan of training fees for not completing the contract period, and the contract has been verified by the labor department, it is legal. For reference, please refer to the Labor Contract Law, which came into force on January 1, 2008. >>>More
You should not take the initiative to terminate the employment contract, otherwise there will be no financial compensation. If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time without receiving a formal written notice (with the official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily. >>>More