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If the resignation is not paid within three months of the expiration of the resignation, the employer shall violate the law and the salary shall be settled on the day of termination of the labor contract.
Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum at the time of dissolution or termination.
Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.
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.
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If the company violates the provisions of the Labor Law, the Labor Contract Law and the Interim Provisions on Wage Payment to deduct or default on the wages of the employee, the employee shall immediately report the case in writing to the local labor and social security inspection brigade and request the labor and social security inspection brigade to deal with it in accordance with the law. **12333 is the national unified labor and social security supervision agency for consultation, reporting and complaints**.
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I think the best way is to go to the company to find them, and there is no such thing for 3 months, at most it will be pushed to the day of the monthly salary, and it is really not possible to go to the labor bureau with the original labor contract, or you can also call the labor bureau now to ask how to deal with this matter.
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Hello, you can apply to the arbitration commission for arbitration.
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Take the labor contract and tell the company's senior management that they will file a lawsuit with the court.
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Negotiate with the company, and if the negotiation fails, you can file a complaint or file a lawsuit with the labor department.
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If the company does not pay wages for three months, you can resign, and you can resign on this ground, and you can also ask for compensation. If the company does not agree, it can apply to the labor bureau for labor arbitration and prepare sufficient evidence to submit to the arbitration institution.
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The company did not pay wages for three months, which violated Article 50 of the Labor Law, which states that "wages shall be paid to the workers themselves in the form of money on a monthly basis." shall not deduct or delay the wages of workers without reason", which infringes upon the legitimate rights and interests of workers and should be repaid.
You have the right to terminate the labor contract with the company in accordance with Article 38 of the Labor Contract Law, which stipulates that "the employee may terminate the labor contract under any of the following circumstances: (2) the employer fails to pay the labor remuneration in full and on time", and you have the right to claim economic compensation for the period of services provided.
It is a labor dispute and can be resolved by applying for labor arbitration.
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It is definitely okay to resign, you can ask the labor arbitration department for help in the wages you owe, you have to sue if you want compensation, and you should pay attention to the evidence for the part that requires compensation.
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If you resign, you will do it on your own will, not because the company is in arrears of wages. In the case of compensation, the most you can do is to claim interest for this period.
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If the company does not give you the specified time, you can go to the labor department to apply for labor arbitration or directly 12345 to complain to the company, and the follow-up will definitely help you solve it as soon as possible.
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In order to protect the legitimate rights and interests of employees in the labor law and contract law, the company has not paid you wages for three months, and you can resign or compensate, which is no problem.
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If the company fails to pay the labor remuneration in a timely manner, and the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, the employer (company) shall pay severance compensation.
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OK. If the employer violates the law by defaulting on wages, the employee may resign immediately without 30 days' notice to the employer. The employer has any of the following circumstances.
According to the actual situation, the employee has the right to leave the job voluntarily in accordance with the law, and the company shall pay the employee's wages in one lump sum when the contract is terminated, and the company's behavior of arrears of wages to the employee is illegal. If the negotiation between the two parties is invalid, the employee may apply for labor arbitration for handling.
Legal analysisIf you are not satisfied with the result of labor arbitration and it complies with the provisions of the law, you may file a lawsuit with the court and request the court to handle it in accordance with the law. When the employee leaves the company, the salary, deposit and economic compensation must be paid in a lump sum. The employer shall not arbitrarily deduct or default, and the parties concerned may request settlement when going through the resignation formalities.
Otherwise, the parties concerned can go to the labor bureau to complain or report the employer's violations of laws and regulations. As for the so-called malicious damage to the reputation of the unit, the unit should collect evidence, the law is based on facts, if it is because of wage arrears, the party complains in various ways, it is not a bad reputation. 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.
However, if the employee voluntarily resigns without any fault of the employer, or if the employer dismisses the employee due to the employee's work mistakes and other huge losses, the employer does not need to pay the economic compensation.
Legal basisLabor 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) failing to provide labor protection or working conditions in accordance with 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 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.
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If the company does not pay wages for three months, you can choose, and it should be impossible to pay compensation if you resign, but you can apply for labor arbitration to settle wages.
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Brother Ning, you don't pay your salary every month in another country, why are you still doing it here? Right? Compensation well, I don't know, it's up to you to do it or not, according to you.
How long have you been doing there? Why didn't he pay his salary? Or is it um, for you.
So how do you say that? You can't just not pay him, can't you?
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Yes, you can go to labor arbitration to apply for resignation on the grounds of wage arrears, and then ask the company to give compensation, one month of salary compensation for one year, and you can also receive unemployment benefits.
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According to the provisions of the Labor Law, if you are in arrears of wages, you can recover your labor salary from the labor and employment office, and you can resign and apply for employment in another unit.
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You can go to the company to pay back wages. Of course, you can also resign.
Compensation can also be claimed.
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1. You can resign or ask for severance payments. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
2. According to Article 38, Paragraph 1, Item 2 of the Labor Contract Law of the People's Republic of China, if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may choose to terminate the labor relationship with the employer.
According to Paragraph 1 of Article 46 of the Labor Contract Law of the People's Republic of China, if an employee terminates the employment relationship in accordance with the provisions of Article 38 above, the employee may request the employer to pay economic compensation.
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The company has not paid wages for three consecutive months, do you want to leave?
Everyone wants to raise a family and have no salary to make ends meet? For every workplace, the core purpose of work is to get paid housing. If our unit fails to publish a few months' wages, which means that this unit is at least in a more obvious crisis, maybe you can support it, maybe tomorrow it will be closed.
According to one of our employees, it has not been paid for a few months. How do we make ends meet? For months you can't issue a salary, we have other options, it's better to close this death.
Of course, many friends said that I had to understand the reason why this unit was not paid, which was recognized, but was considered not very operable. As an average employee, your information** is limited, and you can't get more accurate information even if there is any bad about the expectations and risks of the unit, so it's good to know the truth, but for the average employee, it doesn't necessarily give you a real picture of what's really going on in the company. So, you don't have the information**, just talk about words, and there is a high probability that you don't know the truth.
In fact, from an economic point of view, the chances of a job will be very large because you may have zero in your current unit, so the benefits of working will go to other units than your job. The income should be large, so we think that from an economic point of view, it is undoubtedly the best option to leave you from the point of view of probability. Especially if you work for 15 days now, even if it's all white sweet leaves, the loss is limited, but once you choose to continue dying, you say that the loss and the cost will be doubly overlapped, on the one hand, the loss finds other wages.
Chance, on the other hand, is now without compensation.
One of them is the doubling of the double loss. That's why you want to stay for a reason. The right to reinstate labor honorarium is reserved.
Although I recommend that you stay another way, I suggest that you have to tell the personnel management with the unit that you will be paid for a period of 15 days and you will find them. Predictably, the employer will definitely argue, but as long as you have a legal employment contract.
and program, you can alert personnel that if you are not given a reissue salary in the future, you will go to the local workforce report. With this action, if you don't do this, your 15-day paycheck may be reinstated, and maybe you have 15 days of payment that does become a stopped contribution. In short, you can exit early in the face of a unit that does not bear a few months' salary, which is your minimum processing plan.
I hope my answer can help you.
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If you want to leave your job, it is already illegal to not pay your salary for three consecutive months, and you can go to the labor bureau for arbitration.
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It's best not to leave your job, because as long as the company doesn't go out of business, these salaries will be paid sooner or later.
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I don't think you should leave your job, if you leave your job, maybe these three months' salary will not be paid to you, you should wait, you can also ask your leader, specifically why you don't pay your salary.
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Of course you should leave your job. Because the prospects for such a company are not particularly good, and it is no longer able to pay salaries, it is clear that there are economic problems.
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Want. It's been so long since you haven't paid your salary, there's no point in you spending it, and you may not pay your salary in the future, so it's the right way to go.
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Yes, because companies that generally can't pay wages have no development prospects, and it will only be a waste of time to keep them, so it is better to find a promising company.
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You have to leave your job. Because the company's finances aren't very good, it's very right for you to leave at this time.
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If you want to leave, it means that the company is now going downhill, and you have to ask the company for a salary before leaving.
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I think it's needed, because such a company is very unreliable and has no future if it stays.
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Legal Analysis: Yes. If the employer violates the law and defaults on wages, the employee can resign immediately, and Tan Tong does not need to notify the employer 30 days in advance.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. Filial piety withered.
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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