If you enter the factory and sign a labor contract for five years, do you have to deduct your salary

According to Articles 36 and 37 of the Labor Contract Law, the two parties can terminate the labor contract by mutual agreement, and the employee can also terminate the labor contract by giving 30 days' written notice in advance.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

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 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) Conduct as provided for in the first paragraph of Article 26 of this Law.

The Labor Law clearly stipulates that if you submit your resignation report in writing at least 1-3 months in advance, obtain the approval of the company's leaders, and complete the work handover (the handover time is not more than 3 months), the company cannot deduct your salary for any reason, even if your labor contract has not expired!

The resignation should be submitted one month in advance and the handover should be done well, and the salary will not be deducted. If it is illegal to deduct wages, you can go to the labor bureau to report for arbitration.

Legal analysis: If you resign without signing a labor contract, you can leave at any time, and if you resign, according to the provisions of the labor law, you need to settle your salary clearly within three days. If the employer has not signed a labor contract with the employee, the employee may request the employer to pay double the salary of the unsigned labor contract from the second month (starting from the second month of employment, up to a maximum of 11 months), and the labor arbitration statute of limitations is one year from the date of the employee's resignation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

If the employer resigns without signing a labor contract with the employee, and the employee does not cause any loss to the employer, the employer shall not deduct the employee's wages, and the employer shall pay the employee twice the monthly wage. If the employer suffers economic losses due to the employee's own reasons, the employer may deduct the employee's salary, but the monthly deduction shall not exceed 20% of the employee's monthly salary.

Interim Provisions on Payment of Wages".

Article 16. 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 monthly salary of the worker. If the remaining part of the salary after deduction is lower than the local monthly minimum wage standard, it will be paid according to the minimum wage standard.

1. According to the provisions of the Labor Law, if the employer does not pay wages, it can go to the local labor inspection department to complain and request to file a case for handling; 2. If the employer has not signed a labor contract with the employee, the following filial piety vouchers may be referred to when determining the existence of an employment relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc.

Legal analysis: According to the laws of our country, with wages.

The legal basis is almost the same:

Article 9 of the Interim Provisions on Payment of Wages.

When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when dissolving or terminating the labor contract.

If you leave the factory without a contract, you will be paid, and the salary shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. If the employer refuses to pay the employee's wages, the employee can file a complaint with the labor inspection brigade or directly file a labor arbitration.

If they are not satisfied with the results of the labor arbitration, they can also file a lawsuit with the court.

If you leave the factory without a contract, you will be paid, and the salary shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. If the employer refuses to pay the employee's wages, the employee can file a complaint with the labor inspection brigade or directly file a labor arbitration.

If you are not satisfied with the outcome of the labor arbitration, you may file a lawsuit with the court.

If you don't sign a contract, do you have to leave for half a month, is there a salary?

I didn't sign a contract, I did half a month and left my job with a salary. As long as the de facto employment relationship exists, regardless of the duration of the probationary period, the employer must pay the corresponding wages and remunerations, and the wages during the probationary period shall not be lower than the minimum wage standard of the place where the employer is located. If the employer refuses to pay the wages, it may report and complain to the local labor inspection brigade with jurisdiction to demand the arrears of wages.

If you don't sign a contract, do you have to leave for half a month, is there a salary?

I don't have a contract to work and I get paid this month. As long as the employee provides labor for the company, the employer shall pay the employee's remuneration, regardless of whether the contract is signed and the length of time worked. If the employer does not pay for the work, the worker can file a complaint with the labor inspection department, or he can also apply for labor arbitration to defend his rights.

Can I apply for double pay if I leave the company automatically without signing a contract?

If you leave your job voluntarily without a contract, you can apply for double pay from the second month. The law stipulates that 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 the employee twice the monthly wage. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into a labor contract with no fixed deadline.

What to do if you don't pay your salary after leaving the company without signing a contract.

If the employee does not pay wages after resigning without signing a labor contract, the employee may file a complaint with the local labor inspection department. It is illegal for an employer to fail to pay an employee's wages on time or in insufficient amount, and can be resolved through the labor and social security supervision department or the court.