Urgent resignation salary, do employees have a salary for urgent resignation

There are three situations in which an individual proposes to resign:

1. If the employer violates Article 38 of the Labor Contract Law, you can leave immediately after your resignation and request the payment of the remaining wages and economic compensation.

2. The employer has not violated the law, but you can resign without the approval of the employer if you submit a written resignation 30 days in advance. If you do not go through the resignation procedures, do not issue a resignation certificate or arrears of wages for you, you can apply for labor arbitration; Among them, the probationary period can be submitted in writing 3 days in advance.

3. If you do not submit your resignation 30 days in advance, and the employer does not violate the law, you will directly submit a resignation letter and leave, at this time, you will be in violation of the law, and you will have to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you. After paying the losses of the corresponding employer, you can ask the employer to go through the resignation procedures for you, and if the employer does not cooperate, you can apply for labor arbitration!

Legal basis: Labor Contract Law!

There are relevant laws and regulations and arbitration strategies in my space and QQ logs!

The Labor Contract Law stipulates that, in principle, there is no economic compensation for a unilateral resignation. However, if the employer agrees to resign, the wages for the actual working days shall be settled. Therefore, you can file a complaint or report to the labor inspection department.

It is also possible to apply for labor arbitration. If you need help, please feel free to call us.

Zongheng Legal Network-Sichuan Huamin Law Firm-Ni Hongbin lawyer.

According to the provisions of the Labor Law, if an employer fails to pay wages, it is illegal for you to file a complaint with the labor inspection department or apply for labor arbitration, and the salary card and work permit can be used as the basis for the existence of the labor relationship.

Zongheng Legal Network-Guangdong Decheng Law Firm-Guizhu Lawyer.

After leaving the factory, the company's new regulations do not pay wages, which is an illegal provision and an invalid provision, and you can apply for labor arbitration to demand payment of all wages in accordance with the law.

The unit has the responsibility to pay, and if the negotiation fails, it can report to the labor inspection department or apply to the arbitration commission for arbitration, and if you have any other questions, call or consult in person.

Zongheng Legal Network-Sichuan Haojun Law Firm-Liu Zihao lawyer.

With evidence that can prove that you have worked for the company, you go to the labor arbitration commission where the company is located to apply for labor arbitration.

The employer shall pay the wages for the actual wage time.

Zongheng Legal Network-Sichuan Gaoyang Law Firm-Lawyer Yu Yuanjun.

Wages should not be withheld. You can file a complaint with the labor inspection brigade or apply for labor arbitration.

No employer can arbitrarily deduct wages from workers, even if the employee's sudden resignation is caused by personal reasons, the deduction of wages cannot exceed 20% of the salary. According to the Interim Provisions on Payment of Wages.

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 insurances withheld and paid by the employer that should be borne by the individual worker.

Expenses; 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 If the employee causes economic losses to the employer due to the employee's own reasons, the employer may make provision for the employer in accordance with the labor contract.

requires it to compensate for economic losses. 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.

If a worker goes to work to provide labor, he has the right to receive the corresponding remuneration for the worker's good clothes. Employers shall not arbitrarily deduct the wages of those who are tired of labor due to urgent resignation. If there is a deduction, you can file a complaint with the local labor and social security department (labor inspection brigade); or apply to the Labor Dispute Arbitration Commission for labor arbitration.

It is illegal for an employee to resign in a hurry, but if there is no loss to the employer, it is illegal and illegal for the employer to withhold wages, and you can collect relevant evidence that can prove that you work here to complain to the local labor inspection brigade or apply for labor arbitration (free of charge) to protect your rights. The so-called urgent resignation of the labor contract is commonly referred to as the termination of the labor contract when the employee is relieved

2. Workers have the right to receive corresponding remuneration for their labor when they go to work to provide labor.

Case Study: Whether an employee's "rush resignation" will be deducted from wages cannot be easily judged, which needs to be analyzed on a case-by-case basis.

If the employer violates the law and resigns in a hurry, the employer may claim compensation for the economic losses caused to the employer due to the resignation.

Legal Analysis: Yes. After the termination of the labor contract, the employer shall pay the employee's wages in a lump sum at the same time as the termination of the labor contract.

Most companies will not settle wages on the same day, and will have to wait until the next month's unit pays wages. Generally, the employer will require the employee to submit an application one month before leaving the company, and the employee can only leave the company after the work is handed over. Most companies won't settle your salary on the same day.

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

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 employee's wages in a lump sum when the labor contract is dissolved or terminated.

Legal analysis: 1. If the employee and the employer reach an agreement, the employer will usually settle the employee's legal wages in full.

2. If the employer is not at fault, the employee fails to notify the employer in advance (the employee may terminate the labor contract if the employee notifies the employer in writing 30 days in advance). The employee may terminate the employment contract by notifying the employer three days in advance during the probationary period), and the employer will usually deduct the relevant expenses incurred by the employee.

3. If the employee resigns from work in a hurry and causes losses to the employer, the employer may require the employee to pay relevant compensation. 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. If a labor dispute arises between the employee and the 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.

Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China "If the employer falls under any of the following circumstances, the employee may terminate the labor contract:

1. Failure 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. 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 employees;

5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations. “

If the employee terminates the labor relationship with the employer, if the employee's sudden resignation is a violation of the employer's resignation process, the employee terminates the labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, the employee shall be liable for compensation. 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 of the labor contract. Article 9 of the Interim Regulations on the 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 full at the time of dissolution or termination.

Article 18 The labor administrative departments at all levels 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) deducting or defaulting on the employee's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to laborers below the minimum wage standard in Dangbuchangdi.

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 organ 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.

Article 77 of the Labor Contract Law stipulates that if a worker's legitimate rights and interests are infringed upon, he or she has the right to request the relevant department to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law. 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: (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 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 this Regulation.

The law does not stipulate how much wages should be deducted for urgent resignation, but the employee shall notify the employer in writing 30 days in advance before leaving the job. If the employer suffers losses due to the employee's sudden resignation, the employee is required to compensate.

1. What month of money is being deducted from the emergency?

It is unreasonable to deduct money in a hurry. If an employee resigns from work in an emergency and does not cause losses to the employer, the employer has no right to withhold wages, but if the emergency resignation causes losses to the employer, the employer is liable for compensation. An employment contract is legally binding when signed in accordance with the law, and the parties must fulfill the obligations set out in the employment contract.

According to the law, a written resignation proposal must be made 30 days in advance before leaving the job.

2. How does the labor law stipulate the deduction of wages for employees who quit their jobs urgently?

Employees who quit their jobs in a hurry cannot have their wages deducted.

The employee may terminate the 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.

If the employee fails to do so in advance, the employer shall be compensated for the economic losses. However, the employer cannot deduct the employee's salary.

3. How to handle the resignation without terminating the labor contract.

The employee shall notify the employer in writing of the resignation 30 days in advance, and resign 3 days in advance during the probationary period, and the employment relationship will be terminated upon expiration. 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.

If the employee applies for resignation 30 days in advance in accordance with the provisions of the Labor Contract Law, and goes through the resignation procedures in accordance with the regulations of the company's personnel department, the company must issue a certificate of termination of the labor contract.

If the company refuses to issue a termination of the labor contract, it can file a complaint with the labor department. The main basis is as follows:

According to the provisions of the Labor Contract Law, the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

If the employer fails to issue a written certificate of dissolution or termination of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

The Social Insurance Law also stipulates that if an employer refuses to issue a certificate of termination or dissolution of the labor relationship to the employee when terminating or dissolving the labor contract, resulting in the employee being unable to enjoy social insurance benefits, the employer shall be liable for compensation in accordance with the law.

Legal basis: Labor Contract Law

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance.

Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.