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Hello friends, the labor law stipulates that enterprises are not allowed to withhold the wages of departing employees at will.
If there is any unreasonableness, you can apply to the labor inspection brigade to protect your rights.
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If this time you did cause before you quit your job, you should deduct a salary for compensation.
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It is difficult to say that the specific situation is not clear, firstly, it depends on how your labor contract is agreed, and secondly, it depends on the rules and regulations of the unit, etc., and the specific situation can be analyzed on a case-by-case basis.
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I didn't pay my salary for two months after leaving my job, and when I asked for my salary, I said that I would deduct money, and there were problems with some vehicles. Such a boss belongs to a black-hearted boss, because there is a problem, why do you go early, when people ask you for a salary, you say so, you can sue him for such a boss.
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Generally, if you leave your job, you have been two months, why haven't you been paid your salary yet? I think I'll pay you a salary right now. If you want to deduct it, you can reason with him.
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This is a means for many enterprises, they are just for the resignation of employees to make the same trap, if the deduction is more, it is best to hit the local labor and social security department should be able to recover a little loss.
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In this case, you can ask him to come up with evidence of what is wrong. It is unreasonable to deduct money without corresponding evidence.
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I didn't pay my salary for two months after I left my job, and when I asked for my salary, I said that I would deduct money, and some vehicles had problems, so I would like to see the specific preparation and preparation problems, if there is a problem, you will be responsible, and the money should be deducted.
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It's almost on the line, the boss must be trying to deduct the money, this is a routine.
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I didn't pay my salary for two months after leaving my job, and when I asked for my salary, I said that I would deduct money, and there were problems with some vehicles. If you want to find a reason to deduct your money next year, you may not have been clear when you handed over at that time.
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It may be that the boss is deliberately trying to deduct your salary. You should continue to ask your boss for it. If you continue to refuse, you can go to the local labor picket brigade to appeal.
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I didn't pay my salary for two months after leaving my job, and when I asked for my salary, I said that I would deduct money, which mainly depends on the management system of the unit, and I can appeal about it.
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The salary of the last month of resignation will still be deducted from the salary of five insurances and one housing fund, because the salary of the previous month is paid, and the social security paid by the employer is also the social security of the previous month, so the social insurance fee will be deducted from the salary.
According to Article 15 of the Interim Provisions on Payment of Wages, an employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer;
2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;
3) The court's judgment or ruling requires withholding of child support or alimony;
4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.
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The salary of the last month of resignation should also be paid five insurances and one housing fund.
According to Article 72 of the Labor Law and the regulations on the collection and payment of social insurance premiums and provident funds, both the employer and the employee shall pay social insurance premiums and provident fund in accordance with the law during the existence of the employee's labor relationship.
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You want to deduct it, so that when you work in another company in the future, you can continue to pay it, and now you have this.
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It will also be deducted in the month of resignation, and the company will notify you to tell you!
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Under normal circumstances, the employee needs to leave the company with one month's notice, and if the employee fails to give notice, it is an illegal termination of the labor contract, and the employer shall be compensated for the losses caused thereby. However, the employer bears the burden of proof of the loss. However, if the employer is forced to do the labor, then there is no need to give advance notice.
Article 37 of the Labor Contract Law stipulates that an employee may terminate a labor contract by giving advance notice to the employer 30 days in advance. During the probationary period, the employee notifies the employer three days in advance, and the employee may terminate the labor contract.
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Legal Analysis: If the employer suffers certain losses due to the employee's resignation, the employer may require the employee to pay certain compensation.
Legal basis: Labor Contract Law of the People's Republic of China Article 90 If an employee 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.
Interim Regulations on the Payment of Wages》 Article 10 Article 6 If the employer suffers economic losses 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. The compensation for economic losses can be deducted from the wages of the worker himself. 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.
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Summary. Hello! The following methods can be used if the salary is not paid for two months after leaving the company:
1. The arrears of wages for resignation can be negotiated with the employer and paid in a lump sum; 2. If the employer is in arrears of wages, the employee can report to the labor administrative department; 3. You can also apply for arbitration directly, and if you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter. How long is it possible to apply for labor arbitration for arrears of wages.
Hello! The following methods can be adopted for the non-payment of monthly wages for two absent rounds of resignation: 1. The arrears of wages for resignation can be negotiated with the employer and paid in a lump sum; 2. If Lu Chunguo's employer is in arrears of wages, the worker can report to the labor administrative department; 3. You can also apply for arbitration directly, and if you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter.
How long is it possible to apply for labor arbitration for arrears of wages.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China [Labor Remuneration Blind Bureau] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. 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.
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Summary. Hello! Dear, if you leave your job and have not paid your salary for two months, you can ask the company to pay it.
The arrears of wages for resignation can be negotiated with the employer and paid in a lump sum; If the employer is in arrears of wages, the employee can report it to the labor administrative department; You can also apply for arbitration directly, and if you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
Hello! Dear, if you leave your job and have not paid your salary for two months, you can ask the enterprise to pay it. The arrears of wages for resignation can be negotiated with the employer and paid in a lump sum; If the employer is in arrears of wages, the worker can report to the labor administrative department; You can also apply for arbitration directly, and if you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the labor contract agreement and national regulations. 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.
Article 36 [Termination of Labor Contract through Negotiation] The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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According to the provisions of the Labor Contract Law, an employee should indeed notify the employer in writing 30 days in advance of his resignation, so that the employer can prepare for the takeover of personnel in advance. Therefore, you need to submit your resignation application one month in advance.
However, if the employee does not give 30 days' written notice of resignation, it is illegal for the employer to deduct the employee's wages on the basis of not causing economic losses to the employer and having cooperated with the relevant work handover procedures.
Therefore, if you and the company have completed the work handover procedures, you can apply to the labor arbitration commission where the employer is located to recover the seized wages (the labor arbitration agency is free of charge).
I hope you find it helpful!
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It depends on the specific employment contract, and the final labor dispute arbitration commission will decide whether it is legal or not. In some cases, the employer may deduct part of the wages based on the content of the employment contract, but in general, the employer is not allowed to deduct the wages and can only pay the wages in accordance with the provisions of the employment contract.
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Appeal to the local labor inspection brigade and ask for a solution.
In accordance with the provisions of the Labor Law, wages are paid on a monthly basis. If the company is in arrears, the worker can file a complaint with the labor inspection brigade, which will order the employer to pay the wages within a time limit, and Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis.
Wages shall not be deducted or unjustifiably delayed.
Article 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month.
1) Failing to pay the labor remuneration of the worker 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 at a rate lower than the local minimum wage standard;
3) arranging 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.
The labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation within a time limit; 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 employee at the rate of not less than 50% but not more than 100% of the amount payable
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Article 50 of the Labor Law states that "wages shall be paid to the worker in the form of money on a monthly basis. shall not deduct or default on the wages of workers without reason", therefore, it is illegal to delay wages for up to five months on the grounds that the payment for the first product has not been recovered. It is not clear whether you have signed an employment contract with the company, which has a positive or negative effect on safeguarding your legitimate rights and interests.
However, even if you do not sign an employment contract, as long as you can provide evidence of your employment with the company (such as attendance sheets, time cards, work orders, pay slips or payment records, etc.), which can prove that you have formed a de facto employment relationship with the company, then the company's practice of not paying wages violates Article 50 of the Labor Law, which states that "wages shall be paid to the workers themselves in monetary form on a monthly basis." shall not deduct or default on the wages of the laborer without reason", which infringes on your legitimate rights and interests and forms a labor dispute with you.
Since there is a statute of limitations for arbitration within 60 days from the occurrence of the dispute, since you have resigned, you should file an arbitration application with the labor dispute arbitration commission of the company's domicile as soon as possible, requesting that the company pay back the arrears of wages and pay 25 severance according to the regulations. It is not clear whether you have signed an employment contract with the company, which has a positive or negative effect on safeguarding your legitimate rights and interests. But even if you don't have an employment contract, as long as you can provide evidence of work for the company (e.g
Attendance sheets, attendance cards, work orders, pay slips or payment records, etc.), which can prove that you have formed a de facto employment relationship with the company, then the company's practice of not paying wages violates Article 50 of the Labor Law, which states that "wages shall be paid to the employee in monetary form on a monthly basis." shall not deduct or default on the wages of the laborer without reason", which infringes on your legitimate rights and interests and forms a labor dispute with you.
Since there is a statute of limitations for arbitration within 60 days from the occurrence of the dispute, since you have resigned, you should file an arbitration application with the labor dispute arbitration commission of the company's domicile as soon as possible, requesting that the company pay back the arrears of wages and pay 25 severance according to the regulations.
It is illegal for a company to be in arrears of wages, regardless of the length of time. The employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute arrears of wages.
Generally will be pressed half a month's salary, as a boss, in charge of hundreds of people in the company, This is what they are most worried about, after all, it takes a lot of cost and time to recruit workers now, and it is not necessarily necessary to recruit the right talent, if competitors poach their excellent employees, it may cause huge losses to the company, but if it is pressed 1 month's salary, both sides have a buffer time, and may change their minds, if those who leave suddenly, he will also be for this 1 month's time, Let the company find the right person for the role.
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