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The probationary period of a one-year employment contract is up to 2 months, and if you have been working for more than 2 months, the probationary period has passed. Then the employer cannot dismiss you on the grounds that you do not meet the employment requirements. It depends on the reason for the dismissal.
If the employer terminates the labor contract in accordance with Article 39 of the Labor Contract Law, it is not required to pay severance compensation. If the employer terminates the labor contract in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law and complies with the provisions of Article 42 or in accordance with the provisions of Article 36 of the Labor Contract Law, the employer shall pay you half a month's salary severance according to your service in the employer for less than half a year. If the employer unilaterally terminates the labor contract in violation of the law, you may request the employer to continue to perform the labor contract, and if the employer continues to perform the labor contract, the employer shall pay you twice the severance of half a month's salary, i.e., one month's salary, according to your service in the employer for less than half a year.
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You will pay up to two months' wages, and the dismissal of employees in violation of labor laws will be paid according to the length of service.
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Generally, a one-year probationary period is two months, and after the probationary period, employees cannot be dismissed at will, and if there is a valid reason, one month's notice or one month's salary must be paid.
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Legal analysis: There is a salary for half a month, and the general work unit will settle the salary according to the actual number of days of attendance and the average daily wage, but some companies will require that you must work for a certain number of days during the probation period, otherwise you will not be paid wages when you leave the job. Legal basis:
Article 9 of the Interim Provisions of the People's Republic of China on the Payment of Wages 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 full at the time of dissolution or termination. Article 18 The labor administrative departments at all levels shall 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 authority for arbitration in accordance with law.
If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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There is a salary for half a month, and the general work unit will settle the salary according to the actual number of days of attendance and the average daily wage, but some companies will require that you must work for a certain number of days during the probation period, otherwise you will not be paid wages when you leave the job.
1. Is the number of days of attendance counted on statutory holidays?
The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law. The number of days of attendance is the number of days after deducting statutory holidays, if the actual number of days of attendance is the same as the number of days of attendance, one month's salary should be taken, statutory holidays cannot be included in the number of days of attendance, if attendance on statutory holidays, it should be calculated as 3 times the salary.
2. Is there a salary for not working for a few days?
The employer may not give economic compensation to the employee if he or she resigns, but the employee shall still pay the corresponding salary according to the number of days actually worked during the probationary period. The employer cannot refuse to pay or deduct the employee's wages on the grounds that the employee has only been working for a few days or because the employee has resigned himself, otherwise it is an illegal act.
3. If the company deducts my salary, can I directly ask my boss to resign?
You can leave directly, but the company will deal with it as absenteeism and leave without work, and additional penalties will be given.
What is the reason for the deduction of wages, there are generally three situations in which wages are deducted:
1. If the number of days of attendance does not reach the number of days agreed in the contract, this should be divided by the basic salary by the number of days of attendance and then multiplied by the number of days of leave to obtain the salary that should be deducted;
2. Violation of the company's rules and regulations or other punishment regulations (such as fighting, absenteeism, quality accidents, etc.) during work, the specific amount shall be implemented according to the company's regulations;
3. Performance deduction points, the general company's salary system will have performance wages, that is, take out a part of the salary, according to the performance evaluation to distribute, only to reach the full score to get all of them, this specific reference to the company's performance system is how to build.
Interim Provisions of the People's Republic of China on the 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 wages of the laborer in full at the time of dissolution or termination.
Article 18 The labor administrative departments at all levels shall 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 authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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Summary. Hello, first of all, it needs to be clear that it is not that the first three months will not be paid, but the first three months will not be paid temporarily, and the wages of these three months will be paid in full in the following months, so please don't worry.
I've been working for a small company for 3 months, and I didn't get paid for the first few months.
Hello, the first thing to make clear is that it is not that the first three months will not be paid, but the first three months will not be paid temporarily, and the wages of these three months will be paid in full in the following months, so please don't worry.
There are three main reasons for the non-payment of wages in the first three months of establishment:
One: the entry problem: the newly hired Voltaic Wheel Blind Staff, at the beginning of the entry, there will be a lot of vacancy, the entry procedures will take about a month, many of them have not completed the procedures, most of the time is used to busy these things, and the salary is of course to be delayed.
The total amount of wages can only be paid after the total amount of wages has been determined, and one of the delays is half a month, so it is understandable to delay the payment of wages.
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Since it doesn't feel suitable, it is a responsible attitude and practice for the company to terminate the contract and leave the company as soon as possible.
Going to work is like falling in love, if you feel that both parties don't call, it's not very suitable, you must not say that you are worried about causing harm to each other, so you can barely get along with each other for a while, then you will definitely be regarded as a scumbag. Since you don't love it, breaking up as soon as possible not only reduces the time cost and economic cost of both parties, but also the opportunity cost.
The same is true in the workplace, if you feel incompetent, you will generously propose to the company to resign, and the company will stop losses in time and use your time, energy and financial resources to recruit new people.
You said that you want to do some performance for the company and then leave, in fact, I feel that it is very difficult to achieve, because you yourself have always worked hard, so the likely result is that you have wasted a few more months, and the company has paid you an extra few months of salary, which is a loss for both parties.
If you read the company's cultivation of you, when you can help, you will not harm the interests of the new company.
Going to work is like making friends, and when fate comes, you get together, and you are right with your heart; Don't force it. Although the rivers and lakes are far away, there will be a time to reunite.
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Decisively leaving Qingxiao is a very serious decision that needs to be carefully considered and weighed. Here are some situations where you might need to leave your job decisively:
1.Hindered career development: If you have been with the company for a period of time but have not received any promotions or career development opportunities, and the company has not provided any training or learning opportunities, then you may want to consider leaving the company and looking for better career opportunities.
2.Poor work environment: If you have a poor work environment, such as high levels of exclusion or bullying among colleagues, or if the company culture does not align with your values, then you may want to consider leaving the company and looking for a better work environment for you.
3.Unequal pay package: If your salary package is significantly unfair compared to that of your colleagues, or if the company doesn't pay you on time, then you may want to consider leaving the company in search of a better pay package and working conditions.
4.Job content doesn't meet your expectations: If your job content doesn't meet your expectations, or if the company is constantly changing your job responsibilities and you feel incompetent, then you may want to consider leaving the company and looking for a job that is a better fit for you.
5.If the company is not doing well, such as frequent layoffs or defaulting on business payments, then you may want to consider leaving the company to avoid being affected.
In conclusion, leaving a company decisively is a very serious decision that requires careful consideration and trade-offs. If you decide to leave the company, it's a good idea to prepare for your next job or other livelihood** in advance, so as not to affect your life and career development.
Hehe, sleep, eat, go to the toilet.
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