Is it legal to deduct a week s salary for resignation, and deduct half a month s salary for urgent r

This is a regulation for companies, and there is no clear standard for the state.

Legal Analysis: The employer shall settle the wages according to attendance, but if the employee terminates the labor contract illegally, the employer shall compensate the employer for the loss. The so-called sudden resignation is not a legal definition, but usually refers to the immediate termination of the contract or the termination of the contract within a short period of time.

There is a distinction between lawful and illegal, and shall be treated separately from each other.

Legal basis: Article 36 of the Labor Contract Law of the People's Republic of China stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee 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.

It is not legal to directly deduct half a month's salary. It is illegal for an employee to resign normally and the employer to deduct wages. Resignation does not require the consent of the employer.

It is also not mandatory to fill out a resignation letter from the company. 1. Normal resignation. According to Article 37 of the Labor Contract Law, if you submit a written request to terminate the employment relationship 31 days in advance, you can leave your job without the approval of the employer.

Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

If an employee resigns, it is illegal for the employer to deduct half a month's salary without reason, and the employee may file a complaint with the local labor inspection department or apply for labor arbitration. 1. If you work for an employer, there are two ways to request payment of wages: 1. The worker can file a complaint with the local human resources and social security bureau for labor inspection; Pros:

It's simple. Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages.

If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the labor relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance payments. Pros:

In addition to wages, it is also possible to claim financial compensation , double wages, etc., and it can generally be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance. 2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on Payment of Wages Article 18 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 legitimate 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 delaying 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.

After the resignation of the employee, the salary shall be calculated according to the number of days of normal attendance and the number of overtime hours of the employee, and the actual monthly salary = monthly salary and the actual number of days of attendance, and the calculation method of overtime pay on working days: multiple of the number of overtime hours of the monthly wage; Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages; Calculation method of overtime pay on statutory holidays:

Monthly wage: 3 times the number of overtime hours. 1. Article 44 of the Labor Law stipulates that in any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay the wage remuneration not less than 150% of the wage; (2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) If a worker is assigned to work on a statutory holiday, a wage remuneration of not less than 300 percent of the wage shall be paid.

Notice on Issues Concerning the Calculation of Employees' Average Monthly Working Hours Including Burning Noises and Wage Conversion II. Conversion of Daily and Hourly Wages In accordance with Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, that is, the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as: Daily wage:

Monthly salary income Number of paid days per month Hourly wage: Monthly wage income (8 paid days per month). Monthly salary days (365 days-104 days) 12 days.