What to do if you don t pay your salary after you resign and don t pay your salary after you resign

If you leave your job voluntarily, you will be paid, otherwise it will be a violation of the law by the unit. If you voluntarily leave your job and your employer is in arrears of wages, you can go to the labor bureau to complain. The day of termination of the labor contract is the wage settlement date; If the company is in arrears of wages, the workers can complain to the labor inspection brigade, and the labor inspection brigade will order the employer to pay the wages within the time limit, and if the payment is not made within the time limit, additional compensation will be paid; If the coordination fails, the parties will then apply for labor arbitration.

If the employee resigns without authorization and causes actual losses to the employer, the employer may also demand compensation from the employee in accordance with the law.

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.

Article 50 of the Labor Law: Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 7 of the Interim Provisions on the Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee.

Article 85 of the Labor Contract Law: 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.

Article 4 of the Labor Contract Law stipulates that if an employee terminates a labor contract in violation of the provisions or the provisions of the labor contract, causing losses to the employer, the employee shall compensate the employer for the following losses:

1) The fees paid by the employer for recruiting and employing it;

2) The training fees paid by the employer shall be handled in accordance with the agreement if otherwise agreed by both parties;

3) Direct economic losses caused to production, operation and work;

Other compensation expenses as stipulated in the labor contract.

Apply for labor arbitration within one year.

What to do if the company does not pay wages after resignation.

Legal analysis: According to the laws of China, if an employee dissolves or terminates a labor contract, the employer shall pay the employee's wages in a lump sum. If the employer refuses to pay, the employee may negotiate with the employer and reach a settlement agreement, and if the employer does not pay wages within the time limit agreed in the agreement, the employee may apply to the people's court for a payment order with the agreement.

If the negotiation fails, the parties may request a mediation organization to conduct mediation, or may apply to the labor arbitration commission for arbitration, and if they are not satisfied with the award, they may also file a lawsuit with the people's court.

Legal basis: Interim Provisions on Payment of Wages

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the wages of the laborer in full at the time of dissolution or termination.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2: 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.; (6) Other labor disputes as provided for by laws and regulations.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 16: If a mediation agreement is reached due to the payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform within the time limit agreed in the agreement, the worker may apply to the people's court for a payment order in accordance with the law with the mediation agreement. The people's court shall issue a payment order in accordance with law.

Labor Law of the People's Republic of China

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) Withholding or defaulting on the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

The solution of non-payment of wages by the employer after resignation is as follows:

1.Negotiate and settle first;

2.You can call 12333** to complain, or you can complain to the inspection brigade of the Labor Bureau;

3.If the complaint has no effect, evidence can be collected to apply for labor arbitration;

4.If you are not satisfied with the arbitration, you can also file a lawsuit with the local people's court.

Workers should pay attention to the following in the protection of their rights against wage arrears

1.To confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, documents in the course of work;

2.After confirming the labor relationship, the employer can negotiate with the boss to request the employer to pay back wages for the illegal act of arrears of wages.

The scope of complaints that employees can report and complain to the employer is as follows:

3.The employer fails to formulate rules and regulations that directly affect the vital interests of the employee;

4.The employer has not established an employment management account;

5.The employer and the employee have not concluded a labor contract, agreed on a probationary period and other necessary terms, failed to deliver the labor contract text, or failed to issue a certificate of dissolution or termination of the labor relationship.

All in all, if the employer does not pay wages after resignation, it can report and complain to the local labor inspection brigade with jurisdiction, and the labor inspection brigade will order the labor remuneration to be paid within a time limit; or apply to the mediation organization for mediation, and if the mediation is unwilling, the mediation fails, or the mediation agreement is not performed, it may apply to the labor dispute arbitration commission for arbitration; or directly apply to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.

[Legal basis].

Labor Contract Law of the People's Republic of China

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: failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; The wages of the workers are paid below the local minimum wage standard; arranging overtime work without paying overtime pay; Where a labor contract is dissolved or terminated, and economic compensation is not paid to the employee in accordance with these Regulations.

If the company resigns and is unwilling to settle the salary, the employee can first try to negotiate with the employee to resolve the problem, and if the negotiation fails, the employee can file a complaint with the labor administrative department. If the company fails to pay wages in accordance with the regulations, it is illegal for the employee to file a complaint or conduct labor arbitration with the relevant materials proving the labor relationship and actual employment. If the amount is large, you can also choose to file a lawsuit directly to recover labor remuneration.

Legal basis: Article 85 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 employee's labor remuneration 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.

Article 9 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

Legal analysis: First of all, it is necessary to confirm the facts of the employment relationship with the employer. Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment. Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment. Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.

It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

Legal basis: Article 51 of the Labor Law of the People's Republic of China stipulates that wages shall be paid in monetary form on a monthly basis, and no wages shall be deducted or owed to laborers without reason. Article 79 stipulates that after a labor dispute arises, it may apply to the labor dispute mediation committee within the unit for mediation, or directly apply to the labor dispute arbitration commission for arbitration.

If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the people's court.

If the employer refuses to pay the employee's wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

If wages are not paid in a timely manner, there are two ways to claim wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also ask for double wages for those who have not signed an employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

Legal basis: Provincial wage payment regulations. For example:

Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

Article 33 of the Provisions on the Payment of Wages to Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a person who has been promoted to work early in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.

Legal analysis: If the company does not pay wages in full and in a timely manner after resignation, it is an illegal act, and the employee can complain to the local labor inspection brigade or apply to the labor arbitration commission for labor arbitration.

Legal basis: Article 19 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration stipulates that if a labor dispute arises between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.