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If an employee establishes an employment relationship with the employer, and the employee submits his resignation in accordance with the law, and the employer claims that the employee has not paid wages for 15 days, it is a violation of the Interim Regulations on the Payment of Wages, and 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 the event of a labor dispute 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.
Interim Regulations on the 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.
Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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Usually there is an attendance or work record, and it is a normal resignation, and it will definitely be paid.
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Legal analysis: It is usually difficult to get the full salary if you quit in a hurry, and you can only get the full salary if you resign in accordance with the normal procedures (according to the labor law, you need to submit the resignation report 30 days in advance) and go through the resignation procedures. Those who resign after working for less than one month are also paid, and the amount of wages should be determined according to the number of days worked.
Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties 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.
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1. Is there any pay for resigning after 15 days of work?
1. There is also a salary for resignation after 15 days of work, and the amount of salary should be determined according to the number of days worked. In general, it is difficult to get the full salary if you quit in a hurry, and you can only get the full salary if you resign according to the normal procedures (according to the labor law, you need to submit your resignation report 30 days in advance) and go through the resignation procedures.
2. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China.
Unilateral termination of the labor contract by the employee] The employee may terminate the labor contract under any of the following circumstances: imitation tour.
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 in which laws and administrative regulations stipulate that the labor contract may be terminated by the employee.
If an employer forces an employee to work by means of violence, threats or illegal restrictions on his or her personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Second, what are the consequences of leaving directly without resigning?
The consequences of leaving without resignation are as follows:
1. The employee shall be liable for compensation for the direct economic losses caused to the employer by violating the law;
2. If a worker terminates the labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, he shall be liable for compensation.
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There is also a salary for resignation after 15 days of work, and the salary is determined according to the number of days worked. 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.
Legal basis: Article 7 of the Interim Provisions on Payment of Wages.
Wages must be paid on the date agreed between the employer and the worker. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and those who implement a weekly, daily, and hourly wage system can pay wages on a weekly, daily, and hourly basis.
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Legal analysis: No matter how many days of work, the salary is the legal income of the employee, and the employer shall settle the salary after the employer dismisses the employee or the employee resigns, otherwise, it is an illegal act. You can file a complaint with the labor authority and complain about **12333.
Legal basis: Labor Contract Law of the People's Republic of China
Article 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the laborers in full and in a timely manner. 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 law, and the people's court shall issue a payment order in accordance with the law.
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If the employer refuses to pay the salary, the employee can file a complaint with the local labor inspection department or apply for labor arbitration.
Basis of the Law: Interim Provisions on Payment of Wages Article 16 If the employer suffers economic losses due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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