Labor Law Settlement of Separation Pay, how is the settlement of Separation Salary under the Labor L

In this case, the boss is obviously taking advantage of the law.

The longer it drags on, the worse it will be for you, as the law stipulates a time limit for receiving unpaid wages.

You don't have to work hard with him anymore.

Either he resigned, he didn't pay his salary and raise his achievements, and he went to the labor bureau to complain about him.

Don't think he'll fire you.

He must be able to endure it, to say something unpleasant, he doesn't get upset if he doesn't see you, you don't do anything there? Then you have to talk to your good colleagues, chat no, teach them what to say, you are creating wealth for the boss in disguise.

And it's been delayed for a long time, it's not a salary once a month, the boss can say that the previous salary has been paid to you, and recently this month, you don't do anything, and you will give you some living expenses when you find the relevant departments, and you can't protect your rights and interests with the law.

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.

Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.

Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.

Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

If he dismisses you now, it is tantamount to a breach of contract, not only to pay you all your wages, but also to compensate you twice the economic compensation, you can get 2 months' salary as economic compensation for two years of work.

Since there are no written regulations on business and commissions, you must have evidence such as pay slips to prove your salary composition.

Now it's very likely that your boss will ignore your presence and let you leave on your own initiative, so that you don't have any compensation!

Legal analysis: severance salary settlement: 30 days' written notice to the employer is the premise of safeguarding our personal interests, and we can get the salary in the labor contract after resignation.

For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system provided for in Article 36 of this Law.

Legal basis: Article 37 of the Labor Law of the People's Republic of China.

For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system provided for in Article 36 of this Law.

Legal analysis: 30 days' written notice to the employer is the premise of protecting our personal interests, and we can get the salary in the labor contract after resignation. If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee 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 salary for that month. 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.

Legal basis: Article 90 of the Labor Contract Law If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.

Article 9 of the Interim Provisions on Payment of Wages provides that when both parties to an employment 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.

Legal analysis: It is necessary to distinguish whether the employee proposes to terminate the contract or the employer dismisses him. If it is proposed by the employee, then all wages can be obtained, and that's it, and the employer may not withhold it.

If the employer proposes it, then in addition to the payment of labor wages, it is also necessary to pay economic compensation, generally one month's salary can be obtained after one year of service, and one year is calculated as one year after working for 6 months but less than 1 year.

Legal basis: Article 47 of the Labor Law of the People's Republic of China An employer shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with the law.

Legal Analysis: Employees have the right to receive remuneration for their labor, and after the employee has provided labor to the employer, the employer is obliged to pay wages to the employee in accordance with the agreement. For employees who voluntarily leave their jobs, the employer may settle wages until their last working day, and if they do not show up to provide labor thereafter, they may not pay wages.

However, according to the law, an employee shall notify the employer in writing 30 days in advance of his resignation, and if the employee directly resigns without prior notice and causes direct economic losses to the employer, the employee shall be liable for compensation.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

After going through the resignation formalities in accordance with the law, the worker's salary, deposit, and economic compensation must be settled in a lump sum. The employer shall not arbitrarily deduct or default, and the parties concerned may request settlement when going through the resignation formalities. Otherwise, the parties concerned can go to the labor bureau to complain or report the employer's violations of laws and regulations.

When both parties 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. According to Article 9 of the Interim Provisions on 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. According to Article 50 of the Labor Contract Law of the People's Republic of China, an employer shall, upon dissolution or termination of a labor contract, issue a certificate of dissolution or termination of the labor contract, and handle the formalities for the transfer of files and social insurance relations for the labor imitator within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the worker at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Article 50 of the Labor Contract Law stipulates that an 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. The worker shall handle the handover of work in accordance with the agreement between the two parties.

Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep at least two copies of the text of the labor contract that has been dissolved or terminated for future reference.

Legal Opinion] How to deal with arrears of wages after resignation: 1. Confirm the facts of the labor relationship with the unit, such as payslips, attendance records, and documents in the process of work. 2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.

3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. 4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation. The Ministry of Labor's "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages" has made provisions on the exclusion of "unjustified" in the Supplementary Provisions on Issues Concerning the Payment of Wages

Unjustified arrears of wages means that the employer fails to pay the employee's wages beyond the prescribed salary payment time without justifiable reasons. Excludes: the employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance; If an employer has difficulties in production and operation and its capital turnover has been affected, it may, with the consent of the labor union of the employer, temporarily overdue the payment of wages to the employee, and the maximum limit on the extension period may be determined by the labor and social security administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation.

In all other cases, unjustified arrears of wages are non-refundable. ”

The labor law of Zhongfu Pants Country stipulates that as long as you leave your job normally, the salary you should receive during your work should be paid to you in the pure grinding industry.

Generally speaking, the employer has a fixed time for paying wages, and it is generally not until the next month that the employer can receive it. You can negotiate with the employer, and the employer can agree to receive it.

Generally, after resigning from the company, the salary is settled according to the salary you paid when you were on the job, if the salary he settled with you is less, you can go to the local labor law enforcement department to answer his complaint about the lack of resistance. Qingchun.

The salary gap after leaving the company will also be settled according to your actual salary.

That is to say, the one-month source tour is calculated according to 22 working days.

The compensation is calculated on the basis of the average monthly wage of the last year.

Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship terminate 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 of the labor contract.

Labor Law Resignation Payroll Settlement.

1. There are three situations in which an employee proposes to terminate the labor contract (resign): First, the employee proposes to terminate the labor contract in accordance with the provisions of Article 37, that is, 30 days in advance (3 days of probation) is notified to the employer, and the approval of the employer is not required. However, if the employer does not accept that the termination of the labor contract in accordance with the provisions of Article 38 is not required 30 days in advance and does not need to be approved, and the employer must also pay severance of one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.

Second, the termination of the labor contract in accordance with the provisions of Article 38 does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis for returning, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90. Second, the termination of the labor contract in accordance with the provisions of Article 38 does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90. Second, the termination of the labor contract in accordance with the provisions of Article 38 does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but can also bear the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90, and second, if the employee proposes to terminate the labor contract in accordance with the provisions of Article 38, there is no need to approve it 30 days in advance, and the employer must also pay the severance of one month's salary for each year of work in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.