Employee Resignation and Security Deposit Issue 10

Bear with me. Do it for three months. Write a letter of resignation in duplicate first, so that the other party does not say that they have not received it.

It's best to deliberately pretend that you don't want to give a letter of resignation in front of two or three people. Regarding the security deposit deducted, because it is deducted from the salary, there is no paper certificate. Difficult to obtain.

If you are a regular employee after the probation period, you can go to the labor and social security department to sue his company, and if it is not him, the labor and social security department will accept it. Because there are some regulations in the regulations that support certain special product enterprises to protect the interests of the enterprise, so the resignation is 3 months in advance. But the deposit is impossible.

The company was supposed to provide platform talents to create benefits and get paid, rather than finding people to join shares. It is better not to enter those who have to pay a deposit, such a company conspiracy.

Signing a labor contract is a big deal, tell the boss about the labor law, if you don't sign the contract, it will be double the salary, and the security deposit should not be withheld; But you may have to go to the labor and social security department to reason, and they will usually reconcile it, try to ask for it.

In general, it can't be taken back.

If you have to take it, it is recommended to go to the local labor and social security department to complain and report the case.

If it helps,

I can't get it back.

To make it clear, the money is in the hands of others, not just judge that he ignores it, and he will give it to you immediately.

It's not right to pressure money, many people do this, one is to restrict people from leaving, and the other is really to save him a lot of money, which is a magic weapon, for the bosses.

People say "plan later", the great Qi Jiguang makes good use of this trick, you should have found an excuse to borrow the company's money and lose less.

But since he said it three months in advance, you can't fight him. It's time to go early, and don't covet that little money.

According to Article 9 of the Labor Contract Law, "when an employer recruits a worker, it shall not seize the worker's resident ID card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name." ”

Therefore, it is illegal for an enterprise to ask employees to pay a security deposit, and if it fails to negotiate, it can report to the labor department, which can stipulate in accordance with Article 84 of the Labor Contract Law: "If an employer violates the provisions of this Law by seizing the employee's resident identity card and other documents, the labor administrative department shall order the employee to return it within a specified period of time and impose a penalty in accordance with the relevant laws and regulations." If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph. "Fines are imposed on the employer.

According to the relevant laws and regulations, enterprises are prohibited from collecting employees' deposits in various forms, but in the specific implementation process, enterprises also have difficulties for enterprises, especially some enterprises engaged in valuable, high-risk, high-standard products or services in order to prevent employees from causing significant losses to the company due to personal reasons, or let employees pay a certain amount of deposit.

First of all, the employer does not have the right to collect the security deposit, so this fee is illegal and should be refunded to you, and you can file a complaint with the labor department.

If it should be refunded, the deposit for the goods issued on the document is not a severance indemnity.

According to the Labor Law, it is illegal to collect security deposits, risk collateral and other behaviors first, and the employer must pay the labor income during the period of the labor relationship after voluntary resignation.

If an employee resigns, he or she shall notify the employer 30 days in advance. Generally speaking, the employer's collection of security deposit is a violation of the law and should be punished by the labor department, but there is no absolute, and under certain circumstances, the employer's collection of the deposit from the employee is not necessarily illegal. So if you want to resign, you can negotiate with your boss first, and if there is a dispute, you can go to the labor bureau to resolve it.

Labor Contract LawArticle 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.

Article 90 Where a worker 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.

It is illegal for the unit to pay the deposit before the employee joins the company, and it is illegal for the company not to refund the deposit after the employee leaves the company for one month.

Salary, deposit and severance must be paid in a lump sum upon separation. Employers are not allowed to make arbitrary deductions.

When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

In accordance with the 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.

In accordance with the provisions of the Labor Contract Law of the People's Republic of China.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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.

Break the law, go to the labor bureau to complain to him, this is a black factory.

If it is illegal, the deposit will not be issued.

It is certainly not appropriate, 1. The provisions of the Labor Contract Law on resignation.

Labor Contract Law of the People's Republic of China

Article 38 An employee may terminate a 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;

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.