If the worker works for 13 days and voluntarily terminates the labor relationship, how to pay the la

Updated on society 2024-04-05
8 answers
  1. Anonymous users2024-02-07

    Calculated according to the employment contract. You should still be on probation, right? The salary during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

    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 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

    Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the worker may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

    Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

    The same employer and the same employee can only agree on a probationary period once.

    Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

    The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

    Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

    Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

  2. Anonymous users2024-02-06

    If an employment contract has been signed with the employer and the employer is not at fault, and the employee takes the initiative to terminate the contract, the employee shall notify the employer in advance. Salary settlement is in accordance with the contract.

  3. Anonymous users2024-02-05

    When the employee and the employer terminate the labor relationship in accordance with the law, and 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 full at the time of dissolution or termination. In practice, if the employer and the employee reach an agreement through consultation, the employer may uniformly pay the employee's legal wages on the next wage payment date. Article 9 of the Interim Regulations on the Payment of Wages stipulates 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.

    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 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 defaulting on the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers below 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 In the event of a labor dispute 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 17 of Article 2 of the Labor Dispute Mediation and Arbitration Law stipulates that the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

    From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

    If a dispute arises during the existence of the labor relationship due to arrears of labor remuneration, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

  4. Anonymous users2024-02-04

    Wages can be paid on the day of termination of the labor relationship. If both the employer and the employee terminate or dissolve 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.

    1. How to settle wages when the labor contract is terminated.

    If both the employer and the employee terminate or dissolve the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated. If there are no special provisions in laws and regulations, after the dissolution or termination of the employment relationship, the employer may settle the wages in a lump sum in the following month or at a reasonable point in time in accordance with the previous wage payment practice of the employer.

    2. How to relieve the labor contract and issue the payment of travel allowance for workers.

    1. If the labor relationship is terminated with the company, the salary shall be paid immediately after the resignation and handover procedures are completed. 2. If the company's salary accounting takes time, it should be paid immediately after the accounting. If the employee agrees to postpone the payment, the payment may be deferred.

    3.Article 9 of the Interim Provisions on Payment of Wages stipulates 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 of the labor contract.

    3. Does the company pay wages on the day of dismissal?

    If the employer and the employee terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is terminated or terminated. Regardless of whether the employment contract is terminated during the probationary period or after the employee is regularized, the employer needs to settle the employee's salary.

    Article 30 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall, in accordance with the provisions of the labor contract and state regulations, pay 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.

  5. Anonymous users2024-02-03

    Wages can be paid on the day of termination of the labor relationship. If both the employer and the worker terminate or dissolve 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. 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.

  6. Anonymous users2024-02-02

    Legal analysis: wages can be settled on the day of termination of labor relations. If both the employer and the employee agree to terminate or dissolve 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.

    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 employee the imitation remuneration in full and in a timely manner. If the employer is in arrears or has not paid 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.

  7. Anonymous users2024-02-01

    According to the provisions of laws and regulations, it should be settled on the same day, but in practice, many units pay the salary together with the salary of the employee on the next payroll day.

    Interim Provisions on Payment of Wages:

    Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

  8. Anonymous users2024-01-31

    According to the provisions of laws and regulations, it should be settled as a noisy day, but in practice, many units are paid together with the wages of in-service employees on the next salary payment date.

    Interim Provisions on Payment of Wages:

    Article 9. 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 full at the time of dissolution or termination.

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