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Normal procedure: If the contract has been signed, the general position of probationary period needs to submit a resignation application to your direct supervisor or the human resources department seven days in advance, and the resignation can only be approved by the human resources department; If it is a particularly important position, you may need to apply for it a longer time in advance, because the company must give a certain amount of time to recruit someone to replace your position and work, not too suddenly, otherwise the company can pursue your legal responsibility and ask you for liquidated damages; If you don't sign a contract, you can leave the job during the probationary period without any warning or notice, but there is no payroll!
Because considering that you are going to be paid for the probationary period, then it is better for you to apply for resignation. But generally speaking, if your probation period in the company is less than 7 days, the company will not settle your salary, if it is more than 7 days, and you apply to leave the company normally, the salary will not be deducted, you can get it.
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If the company agrees, it will pay you a salary, you can go to the labor bureau to understand, if your situation can get a salary, but the company does not pay, you can ask the labor bureau to help you solve it.
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Generally speaking, it is possible to get paid if you resign early, but you may be able to deduct part of the expenses. It depends on the company's regulations.
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You will get all the wages, otherwise you can go to the labor bureau and sue him!
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No, unless you have a special agreement.
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Legal analysis: resignation during the probationary period will not be subject to salary deduction, unless the contract stipulates it. If the employer pays for the training of the employee during the probationary period, and the employer provides an invoice for the training period, the company may require the employee to bear the liquidated damages for early resignation.
Legal basis: Labor Contract Law of the People's Republic of China
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.
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File a complaint with the labor inspectorate or apply for arbitration of a labor dispute.
During the probationary period, the employer may terminate the labor contract if it is terminated 3 days in advance, and the employer shall settle the wages in a lump sum when the labor contract is terminated.
Legal basis. 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.
Labor. 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.
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You can file a complaint with the Labor Office. If the employee resigns to the company during the probationary period, the company will deduct the salary, and the employee can file a complaint with the local labor inspection brigade and request the employer to pay the salary. 1.
During the probationary period, the employee can submit the resignation in writing 3 days in advance, and if the probationary period is over, the employee can submit the resignation in writing 30 days in advance. The company shall settle the salary within three working days after the employee leaves the company, and the employee can request the company to settle all your wages within three working days, and the company has no right to deduct money if you leave early or voluntarily leave the company; 2.Employees can submit a resignation request to the company by express delivery, and at the same time keep the express delivery slip as evidence that they have submitted their resignation to the company in advance.
Even if the employee voluntarily resigns or resigns urgently, the company shall settle all wages during the working period and cannot deduct the money; 3.If the company suffers losses due to the early departure of employees, the company should compensate for the losses, but this situation is mainly for senior managers or technical personnel, but such losses are generally difficult to prove, so enterprises should make relevant manpower preparations when recruiting personnel; 4.The law stipulates that all wages should be settled within three working days after resignation, but in practice, some companies generally pay them together the next time they pay their salaries; 5.
Regardless of how you leave the company (whether you are fired or absent from work or leave on your own initiative), the company should pay you the salary for the period you have worked.
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Yes, the Labor Contract Law
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