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If the employee resigns, the employer shall not compensate him/herself, but the salary shall be settled.
Generally, when the employer needs to compensate the employee when the labor relationship is terminated, it occurs when the employer unilaterally terminates the labor relationship, or when the employer has violated the legitimate rights and interests of the employee. Employees who resign are not eligible for compensation.
In accordance with the 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 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;
6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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There is no compensation for those who voluntarily resign!
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Summary. Hello dear, you need to know your work status and rights. If you have retired and been rehired to work in the countryside, then you should have a contract or agreement that explains what you do and what you are paid for.
If your contract or agreement stipulates that you should be paid, but the village** does not pay you as agreed, then you can do the following:1Communicate with the village**:
If your communication with the village** does not resolve the issue, you can seek legal help. You can consult with your local labor arbitration institution or lawyer to find out about your rights and how to protect them. 3.
Report to your superiors: If your problem is not resolved, you can report it to your superiors. You can file a grievance or complaint with a county level or higher to ask them to resolve your concern.
In short, as a worker, you should be aware of your rights and obligations, and actively defend your rights and interests. If you have a problem, don't give up easily, there are many ways you can solve the problem. <>
What should I do if a retired village cadre is hired to work in the township but the township does not pay salaries.
Hello dear, you need to know your work status and rights. If you have retired and been rehired to work in the countryside, then you should have a contract or agreement that explains what you do and what you are paid for. If your contract or agreement stipulates that you should be paid, but the village** does not pay you as agreed, then you can do the following:
2.Seek legal help: If your communication with the village** does not resolve the issue, you can seek legal help.
If your problem is not solved, you can report it to your superiors. You can file a grievance or complaint with a county level or higher to ask them to resolve your concern. In short, as a failed worker, you should be aware of your rights and obligations, and actively protect your rights and interests.
If you have a problem, don't give up easily, there are many ways you can solve the problem. <>
Legal basis: According to the Labor Contract Law of the People's Republic of China, the employer shall pay wages to the employee in full and in a timely manner in accordance with the provisions of the labor contract. If the employer fails to pay wages in accordance with the labor contract, the employee may apply to the labor dispute arbitration commission for arbitration or file a lawsuit with the people's court.
In your case, if you have been hired by the township** but have not been able to receive your salary on time, you can first communicate with the township** to understand the situation and ask for the salary. If the communication fails, you can apply to the local labor dispute arbitration commission for arbitration, or file a lawsuit with the people's court to demand payment of unpaid wages. It should be noted that if you do not sign a new labor contract with the township ** immediately after retiring from the village cadre, but work in other forms, then the nature of your work and salary may be different.
Therefore, before opening a file or signing a new employment contract with the township**, it is recommended that you understand the working conditions and benefits related to premature hail. <>
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Summary. <>
Dear, hello, I am glad to answer your question: What should I do if a retired village cadre is hired to work in the township but the township does not pay salaries<>
Answer: Hello, after inquiry: <>
First of all, according to the relevant laws and regulations, it is legal for retired village cadres to be hired to work in the township. However, the situation of non-payment of wages in the townships needs to be further understood. If the failure to pay wages is due to the reasons of the township, you can file an appeal with the township and ask for a reasonable explanation and handling.
If there is no response or refuses to solve the problem for you, you can report it to your superiors. As a retired village officer, you also need to be aware of your rights and obligations. You can consult the local labor inspection department to find out the relevant regulations and wages for retired village cadres to work in the township.
If you find that your rights and interests have been infringed, including failing to receive the wages and benefits you deserve, you can file a complaint with the local human resources and social security department. <>
Hope it helps.
What should I do if a retired village cadre is hired to work in the township but the township does not pay salaries.
Dear, hello, I am glad to answer your question: What should I do if a retired village cadre is hired to work in the township but the township does not pay salaries<>
Answer: Hello, after inquiry: <>
First of all, according to the relevant laws and regulations, it is legal for retired village cadres to be hired to work in the township. However, the situation of non-payment of wages in the townships needs to be further understood. If the failure to pay wages is due to the reasons of the township, you can file an appeal with the township and ask for a reasonable explanation and handling.
If the township ** does not respond to Ren Zheng's attack or refuses to solve the problem for you, you can report it to the superior**. As a retired village officer, you also need to be aware of your rights and obligations. You can consult the local labor inspection department to find out the relevant regulations and wages for the dismissal of village cadres who have been retained and hired to work in the township.
If you find that your rights and interests have been infringed, including failing to receive the wages and benefits you deserve, you can file a complaint with the local human resources and social security department. <>
Hope it helps.
Extended Supplements: 1The issue of anti-employment of retired village cadres:
The Regulations on the Appointment and Re-employment of Rural Cadres stipulate that retired village cadres may be rehired to work in rural areas. However, the specific implementation needs to be handled according to local policies. 2.
Salary of township work: Due to the different economic levels and policies of different regions, the salary of township work will also be different. You can check with the local ** about the relevant policies and understand the wage regulations for township work.
3.Responsibilities of the Labor Inspection Department: The Labor Inspection Department is the administrative department responsible for supervising and managing labor relations and enforcing labor laws and regulations.
If you encounter a labor dispute or your rights and interests are violated, you can file a complaint with the labor inspection department. <>
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If the village cadre resigns, then the township will not give any subsidies, but if you pay social security, then you can go to the labor bureau to apply for unemployment benefits.
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