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Even if the employee does not resign 30 days in advance, the employer cannot deduct the employee's wages. If the negotiation fails, the worker may apply for labor arbitration, and if he is not satisfied with the award, he may file a lawsuit with the people's court.
The relevant laws and regulations stipulate the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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The employee shall notify the employer in writing 30 days in advance of the termination of the labor contract, otherwise the employer has the right to deduct one month's salary.
The employee may negotiate with the employer to terminate the employment contract without 30 days' notice.
If the employer falls under any of the circumstances listed in Article 38 of the Labor Contract Law, the employee may terminate the labor contract.
Labor Contract Law
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
Article 37 A worker 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 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) 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 provided for in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated 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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There is no reason for the company to deduct one month's salary, and it can deduct up to 20%. This is clearly stated in the Wage Payment Regulations. In fact, if you want to leave immediately, you can first find a place where the company violates the law, and then have a showdown with the company, then the company will give in.
Many Chinese companies are not fully compliant with labor laws. In the company where I work in Guangdong, there are many companies that have such regulations, and in the case of you, you will have to deduct 30% of your salary. It's nowhere near as serious as you said you would have to deduct a month's salary.
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If you resign, there are rules on how many days in advance you can notify the company, and according to the company's regulations, you will not be deducted if you resign within the specified time. If it's a little late, you can negotiate with the company to solve it.
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This needs to look at the contract you signed with the company, if there is a contract, then the company can deduct part of your salary as compensation, if not, then you need to negotiate with the company, generally not allowed to deduct wages.
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If you want to resign, you should submit your resignation one month in advance, because then the company will have time to recruit new people to replace your position, if you do not notify the company in advance, the company will deduct your salary without negotiation.
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This kind of behavior is a violation of the labor contract, and it is normal for the unit to deduct wages, or it is normal for the unit not to approve the resignation When it is recorded, it is clearly stated in the contract that the resignation must be notified to the unit 30 days in advance, and the unit will train someone to hand over the work and take over your shift.
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Not necessarily. The contract can be terminated as long as both parties agree.
And no compensation, no deduction of wages.
If one party does not agree, it constitutes absenteeism.
wages may be deducted.
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If I resign without 30 days' notice, can I deduct my salary? Each unit must submit your resignation one month in advance, and submit it to the unit, so that the unit can arrange for other people, if you do not submit it 30 days in advance, then the unit has the right to deduct your salary.
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OK. If you fail to fulfill the obligation of 30 days' written notice of resignation under the Labor Contract Law, you will be liable for compensation for losses and impacts caused to the employer. So there is a factual basis for the company to deduct your salary.
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If I resign without 30 days' notice, can I deduct my salary? I think it depends on the regulations of the unit, if the regulations are like this, the wages may be deducted, if there are no regulations, it may not be deducted.
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Of course not, there is no law that says 30 days' notice, as long as the other party has a notice before leaving the job, it is reasonable and legal, and it is a very serious matter to deduct wages arbitrarily.
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If you resign in accordance with the provisions of the employment contract without 30 days' notice, you will be deducted from your salary, which is also very normal.
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You can't just deduct your salary, because! Since the resignation without 30 days' notice causes certain losses to the unit, it should be agreed separately.
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Look at the regulations of the enterprise, some small businesses. If you don't follow the regulations, you will leave directly. A portion of your salary may be deducted.
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There is no 30-day notice for resignation, and whether you can deduct your salary tells you that there is no such rule, but early notice is the rule.
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Resign without 30 days' notice, can you deduct your salary?
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I think you can deduct your salary if you resign without 30 days' notice, and it is reasonable to deduct your salary.
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I think this issue is the company's overlord clause and oppression, and if you encounter unfair treatment, it is recommended to apply for labor arbitration.
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If I resign without 30 days' notice, can I deduct my salary? This is definitely yes, if it is not in advance, the salary will definitely be QQ.
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There is a reason for resignation, and companies that have good reasons to resign generally do not withhold wages.
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