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If an employee and an employer establish an employment relationship, and the employer is not at fault, and the employee submits an interpretation of the labor contract in accordance with the law, the employer shall settle the wages with the employee on the day when the employee goes through the formalities for resignation, and the employer may agree with the employee to make the payment on the next wage payment date.
If the employer fails to pay on time, the employee may apply for labor arbitration at the labor dispute arbitration commission where the employer is located.
Labor Contract Law
Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of 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.
Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
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It is a labor law provision that you can leave after one month of filing a written resignation. You stay and wait for the company to find someone and teach before leaving, which is your personal work ethic and a kind of support for your boss, but there is no legal support for you to do this before you can leave.
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Isn't it okay to hit ** directly?
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Just remind her as usual; It's likely that she really forgot; It is really her delay and arrears, and she can petition for civil servants to coordinate;
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When the employee leaves the factory and clocks in for payroll, the employer pays the employee's salary in accordance with the law, and the inter-bank transfer usually arrives within 24 hours.
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.
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 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer;
2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;
3) Child support or alimony required to be withheld in court judgments or rulings;
4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.
Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss 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.
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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Under normal circumstances, it is paid together with the pay day in the factory, for example, if you resign this month, it will generally be paid to your card on the next month's pay day.
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Generally, it is 24 hours, at most 48 hours, and there is time to do cloud earning and coding.
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You call your boss again and ask him to pay his salary, and record the communication and leave it as evidence.
If it still doesn't work, file a complaint with the labor inspectorate.
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It's useless to ask anyone, you have to ask your boss, saying that good things can't be done! Is there a contract to reason with her?
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If the employee resigns and the employer refuses to pay the employee's wages when the employee's resignation expires, the employee may apply for labor arbitration and request the employer to pay the arrears of wages.
How to Apply for Labor Arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;
3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.
Article 50 of the Labor Law of the People's Republic of China 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 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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.
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Write a copy yourself, mail the resignation notice to the boss 3 days in advance, and after 3 days to persuade the boss to slip or not, you can leave your job and ask to settle your salary and leave, if the boss does not pay your salary, complain to the labor inspection brigade or apply for labor arbitration to solve it.
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First of all, from the general definition of the labor law, the employment relationship between you and the boss is not protected by law without signing an employment contract. You now have two more advantageous options.
First, negotiate with the boss again, if there is no evidence that you do not actively refuse to sign the labor contract, then the responsibility for not signing is on the boss's side, if you do not sign for a month, the rest are double wages, if you go to the mind has been decided, show the attitude and negotiate with him, and all the wages will be paid to you to save trouble.
2. If the negotiation fails, take the brand or other evidence to prove the existence of labor relations to the local labor station to apply for help, and ask them to reason with the boss.
That's as much as you have to get back the full salary you paid for the day.
Third, if the coordination also failed to apply for labor arbitration, the local labor bureau will prepare all the evidence you can provide to get back double wages.
But at least a few months, and if you still have energy, if you don't have a lot of money, it's better to take the first two steps first.
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Hehe, there are too many such bosses in society now. Regardless of whether the contract is a contract or not, let's talk about the probationary period, the labor law stipulates that working during the probationary period is paid, that is, the salary during the probationary period, but you do not enjoy various benefits after the probationary period. However, if you resign or are dismissed during the probationary period, you must calculate the working hours, and you will be paid one day of the probationary period every day, and the money will be paid on a daily basis, and if you do not pay it, it is a violation of the labor law.
Quite simply, if the leaders of every business try labor for free, then society is not finished.
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Wages should 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.
Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. 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 labor remuneration on time, the employee can resign and ask for financial 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 award is refused to be enforced, 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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Clause. 1. Be able to settle wages.
Clause. Second, they are all paid next month's salary. (except for zero-hour workers).
Clause. Third, if you have a good relationship with the senior management, you can take the lead. It's like someone vouching for you.
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It must have been sent next month.,Hope,Thank you.。
I quit my job a few days ago, and recently my boss asked me to go to work again, in this case, what should we choose? I'm sure many people have been in a similar situation. That is to say, after we resign, whether it is the relevant leaders of the original unit or the boss, we will be asked to go back to work. >>>More
The salary can definitely be returned. If you find a reason, one is to talk about things at home, and the other is to say that you don't feel suitable for this job and are not in the state every day. If it is a large company, it is possible to resign directly for private reasons.
It's a resignation. If you want to resign, you only need to submit a notice of resignation to the employer in writing 30 days in advance (3 days before the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Handover (Documents and Materials) of the Employee", and the consent of the employer is not required. >>>More
If you work in a factory, and a lot of people come to the factory at once, and if you sign a labor contract with the factory, and they choose to fire you at this time, I think this is definitely not okay, and you will have to pay a huge amount of liquidated damages, so it is very important whether you have signed a labor contract.
Very normal! There are about 100,000 hair follicles on each person's scalp, and each hair grows for about 2-4 years, after which it enters a resting phase and falls out naturally after a few weeks. It's normal for people to lose dozens of hairs a day, just like animals shed their hair. >>>More