What should I do if I sign a contract that has not expired, but I am leaving, and the employer does

In accordance with the Labor Code

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

In accordance with the Measures for Economic Compensation for Breach and Termination of Labor Contracts

Article 3 Where an employer deducts or defaults on the wages of a worker without reason, or refuses to pay the wages and remuneration for the extended working hours of the worker, it shall pay the wages and remuneration of the worker in full within the prescribed time, and shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

So your husband can ask the company to pay the arrears of wages immediately and pay severance equal to 25% of the total arrears of wages.

If the employer refuses, in accordance with Articles 77, 79, 82 and 83 of the Labor Law, Mr. You shall submit a written application to the Labor Dispute Arbitration Commission within 60 days from the date of occurrence of the labor dispute. To request that the company meet your request, the arbitral award should generally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If you do not file a lawsuit with the people's court within 15 days and do not perform, you can apply to the court for compulsory enforcement.

The day the labor dispute occurs is also the day the employer rejects your husband's request.

Branches do not have legal personality, some branches can apply for arbitration at the labor bureau where they are located even if they do not have legal personality, and some branches have to apply for arbitration at the labor bureau of the place where their head office is registered because they do not have legal personality. Since I don't know what branch it is, it's hard to say which labor bureau it is. You can first apply for arbitration at the labor bureau where the branch is located, and then apply for arbitration at the labor bureau of the place where the head office is registered.

If you sign a contract, you have to quit a month in advance, and he will give you all your salary, or report him. And do you have any employees in your company who are not insured? You can also report companies that are not insured.

If you are on probation, as long as you are three days in advance, after the probationary period you have to advance one month, as long as you do not violate the labor law, the company must pay your salary, and you have no right to deduct your salary in any form or way, which is your due right.

Sue him, the labor inspectorate report it! However, if you sign a labor contract that clearly states that you are in breach of contract, there should be a fine, which is probably that you have worked for nothing for 1-3 months, and even have to pay liquidated damages. Look at the contract.

Don't say it's a resignation, find a reason to say it's a leave of absence until the contract expires.

Legal analysis: If the employee can get the salary, the employee can terminate the 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.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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.

Basis for the law: Labor Law of the People's Republic of China

Article 31 A worker who terminates a labor contract shall notify the employer in writing 30 days in advance.

Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer: (1) disturbing the labor contract during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal liberty to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

If the company signs a labor contract but does not pay wages, it can negotiate with the company first, and if the negotiation fails, the employee can file a complaint with the labor bureau or apply for labor arbitration. If the company is in arrears or fails to pay the full amount of labor remuneration, the employee may apply to the local people's court for a payment order in accordance with the law. The people's court needs to issue a payment order in accordance with the law.

The company's failure to pay wages violates the provisions of the Labor Contract Law. The Laozheng Tourism Bureau can impose administrative penalties such as fines on the company.

Legal basis] Article 30 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall pay the employee labor remuneration 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 Menghu Law, and the people's court shall issue a payment order in accordance with the law.

Article 15 of Article 8 of the Labor Contract Law of the People's Republic of China stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it 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.

It can be handled in the following ways: the legal period for the employer and the employee to negotiate and sign the labor contract. If a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment, the employee may request payment of twice the monthly salary from the second month.

Article 91 Where an employer infringes upon the legitimate rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation for false damages: 1) deducting or defaulting on the wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours to workers; (3) Paying wages to workers at a rate lower than the local minimum wage standard; (4) Failing to give economic compensation to the worker in accordance with the provisions of this law after the termination of the labor contract.

I signed a contract with the company, but I didn't have time to leave, is it legal for the company not to pay my salary?

I signed a contract with the company, and it was not time to leave, and it was illegal for the public to pay wages to the filial piety company, this is because: according to the provisions of the relevant laws of our country, the terms of the labor contract stipulate that if you leave the company without 30 days, this kind of clause is not legal, as long as the labor is provided, the worker can get the labor remuneration, so it is like deducting or arrears of wages for no reason; refusal to pay wages for extended working hours to employees; The wages of workers are paid below the local minimum wage standard. The standard of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.

Legal basis: Article 3 The term "wages" mentioned in these Provisions refers to the wages and remunerations paid by the employer to the workers in various forms in accordance with the provisions of the labor contract. Article 4 The payment of wages mainly includes:

Wage payment items, wage payment level, wage payment form, wage payment object, wage payment time, and wage payment under special circumstances. Article 5 Wages shall be paid in legal tender. Payment in kind and in alternative currency** may not be made.

Article 6 The employer shall pay wages to the workers themselves. If the worker himself is unable to receive the inflated wages for any reason, he or she may send Minbi to have his relatives or entrust others to collect the wages on his behalf.

Legal Analysis: When an employee refuses to pay wages on the grounds that the labor contract has not expired, the employee may retain the relevant evidence and then file an arbitration application with the labor arbitration department to demand the employer to pay the wages.

Legal basis: Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation. The principles of conciliation apply to arbitration and litigation proceedings.