How to solve the problem of resigning and the manager has to deduct the subsidy salary of the previo

If the employee resigns and the employer deducts the subsidized wages without reason, the employee may apply for labor arbitration and request the employer to pay the deducted subsidized wages.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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.

If the employee submits to resign, the employer can choose whether to agree or not according to the situation, because the termination of the labor relationship requires both parties to reach a consensus through consultation, and if there are liquidated damages, they must compensate for the liquidated damages. This situation should be resolved through negotiation in accordance with the Labor Contract Law and the provisions of the Labor Contract.

If you resign and your boss deducts the subsidy, you can first ask the boss for the reason and negotiate, and the boss will not deduct it casually.

According to the Labor Contract Law, if an employee resigns, he or she shall notify the employer 30 days in advance. If an employee resigns directly due to the employee's failure to give advance notice, the employer may require the employee to compensate for the economic losses caused to the employer, but the employer has no legal basis to deduct one month's salary on the grounds that the employee has not given advance notice, and it is illegal.

Labor Contract Law

Article 37 A worker may terminate a 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.

Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.