I don t want the salary, can I just leave my job?

If the employer is in arrears of wages, it may file a complaint with the labor inspection brigade, and the labor inspection brigade shall order the employer to pay wages within the time limit, and if the employer fails to pay the wages within the time limit, additional compensation shall 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 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 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.

According to Article 90 of the Labor Contract Law and Article 4 of the Measures for Compensation for Violation of the Provisions of the Labor Law, if an employee terminates the 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.

If the employee notifies the company 30 days in advance, then the company should pay the salary as usual, even if he leaves without reason, but if the employee leaves the company without 30 days' notice and directly leaves the company and causes losses to the company, then the company can decide not to pay the employee's salary.

Legal analysis: If you don't want a salary, you can go directly, but if you want a salary, you can't go directly You must notify the boss to leave the job in accordance with the provisions of the labor contract signed at that time or a month in advance.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee code may terminate the labor contract by notifying the employer three days in advance during the probationary period.

If it is a probationary employee, it is possible to leave the company immediately without salary, but if it is a regular employee, it is generally not possible to leave immediately without salary, because the labor contract has been signed, and the resignation needs to be carried out in accordance with the provisions in the labor contract. If the employer fails to provide labor protection or working conditions in accordance with the labor contract or fails to pay labor remuneration in full and in a timely manner, the employee may terminate the labor contract on its own initiative and leave the company. 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates rules and regulations and forcibly orders risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

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; (2) Where the employer submits a request to the worker to terminate the labor contract in accordance with the provisions of Article 36 of this Law, and the employer agrees to terminate the labor contract through consultation with the worker; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Legal analysis: the salary should not be resigned at any time, for the probationary period of the employee, the penalty for leaving at any time is generally only not to get the current month's salary, so if the employee does not want to get the salary, then it is okay to leave at any time. However, if a full-time employee leaves at any time, not only will their salary be deducted, but they may also be required to pay liquidated damages.

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

Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer compels an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employee is forced to perform risky work in violation of regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

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; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

The employee can file a complaint with the labor inspection brigade and apply for labor arbitration, because the labor dispute arbitration is pre-empted, and finally he can file a lawsuit with the court. It is the employer's obligation to pay wages on time.

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 85 of the Labor Contract Law stipulates that if an employer returns to the employer 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 payment is not made 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 compensation to the worker for the omission of the sale of the sedan chair in accordance with these Regulations.

OK. If the company can leave directly without paying wages, the employee may leave immediately after the written request to terminate the labor relationship, without the approval of the employer. 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.

1. Employees can resign at any time in the following situations.

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) Failing to pay social insurance premiums for workers in accordance with 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 in which the labor contract may be terminated as provided by laws and administrative regulations.

If the employer forces the employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates the rules and regulations and orders the risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer and without waiting for one month.

Legal basis: Article 9 of the Interim Provisions on Payment of Wages When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.