If you are in arrears of wages and want to quit your job, can you not go to work?

No, you need to resign first, get approval and then not go to work. Then go to the Human Resources and Social Security Bureau to apply for arbitration to ask for wages.

If the employer is in arrears of wages, the employee may terminate the labor contract at any time (i.e., not going to work), and may also request the employer to pay economic compensation.

Labor Contract Law

Article 38 An employee may terminate a labor contract under any of the following circumstances: (2) the employee fails to pay the labor remuneration in full and in a timely manner;

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;

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.

First, it is recommended to communicate with the leader, explain clearly your situation, and settle your salary as much as possible.

Second, if the company has development prospects, it can not worry about wages in the future, and can advance and retreat with the company and the leaders, so that the leaders will also be moved.

Third, if the company is general and the leader is unreasonable, it is recommended to pay attention to other work at work and leave a way back for yourself as soon as possible.

Fourth, the issue of lead wages can be taken through legal means.

According to the Interim Provisions on Payment of Wages.

About unpaid wages.

What to doArticles 7, 8 and 9 stipulate that wages must be paid on the date agreed between the employer and the employee, and if the payment is overdue, it will be regarded as arrears of wages without reason. In the case of a holiday feast or rest day, it should be paid in advance on the nearest working day. Wages shall be paid at least once a month, and wages may be paid weekly, daily, and hourly if the weekly, daily, and hourly wage system is implemented.

Labor Relations. When both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum within 5 days of the termination or termination of the labor contract.

If the leader still does not pay wages, you can talk nonsense with relevant colleagues, and take legal channels to protect your legitimate rights and interests.

The company can directly resign if it is in arrears of wages, because the employer has violated the provisions of the Labor Law in arrears of wages.

Article 38 of the Labor Contract Law stipulates that an employee may terminate a labor contract if the employer falls under any of the following circumstances:

1. Failure to provide labor protection or working conditions in accordance with the labor contract.

2. Failure to pay labor remuneration in full and in a timely manner.

3. Failure to pay social insurance premiums for workers in accordance with the law.

4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees.

5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law.

6. Other circumstances in which the labor contract may be terminated by laws and administrative regulations. Moldant.

1. Can I resign immediately if I am in arrears of wages?

1. Employees in arrears of wages can resign immediately. If the employee asks the company for wages to no avail, the best thing the employee can do with the company's attitude is to quit the job immediately. However, before resigning, it is necessary to pay attention to collecting evidence of the existence of labor relations, and after resignation, you must ask for wages through legal channels.

2. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or labor filial piety conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

2. What should I do if I don't sign a contract and don't pay my salary.

If no wages are paid without signing a contract, workers can generally protect their rights in the following ways:

1. Negotiate with the employer;

2. Complain to the labor administrative department;

3. Apply for mediation to the mediation organization;

4. Apply to the Labor Dispute Arbitration Commission for arbitration;

5. If you are dissatisfied with the arbitral award, file a lawsuit with the people's court, or directly request a payment order from the people's court.

In the case of arrears of wages, you can terminate the employment contract and ask the employer to pay you financial compensation. If you want to resign, you first need to submit a written notice of termination of the labor contract (or a letter of resignation) to the employer, stating that the employer has not paid wages in full and in a timely manner, and that the employer should pay the arrears of wages and pay you the compensation you are entitled to. If the unit refuses to sign for it, you can send one copy to the unit by courier, leaving the courier as evidence that you have delivered it in writing.

Labor Contract Law of the People's Republic of China

Article 85.

In any of the following circumstances, the labor administrative department shall order the employer to pay 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

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.

Labor Contract Law of the People's Republic of China

Article 38.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract.

2) Failure to pay labor remuneration in full and in a timely manner;

If an employee encounters the company's delay in selling wages and arrears, he or she can leave the company directly. For such behavior, the employee can exercise the unilateral right to terminate the labor contract, and report it to the labor administrative department, which will order the company to pay the employee's wages within the time limit.