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Generally speaking, you need to notify the employer 30 days in advance, but of course, when you apply for resignation, you can also negotiate with your supervisor and the company on the last working day. In general, it is impossible to quit your job today and not go to work. Because on the one hand, you have to carry out the handover of work, on the other hand, you also need to inform the company in advance, so that the company has time to recruit a new person to replace your job, if you go through the normal procedure, submit a resignation application, and then after the last working day to carry out the handover, and then leave the job, there will be no deduction of any expenses for you.
Wages will be paid as normal. Unless you owe money in the company ...
If you don't apply for resignation in advance and want to resign today, you won't go to work, then, the company can count you as a miner in accordance with the attendance management system, and the miner will definitely have to deduct money.
If you have a temporary residence permit, say hello to your colleagues in the personnel department when you leave, ask them when they expect the card to be completed, and then you call back to the personnel department at that time, and when it is done, you will get it yourself.
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The employer shall pay the wages in full and in a timely manner in accordance with the law, otherwise it may apply to the local court for a payment order.
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1.The company shall not withhold the wages of employees without authorization, and if such a situation occurs, labor arbitration can be conducted, which is illegal for the company.
2.According to the provisions of the labor law, employees should apply for resignation one month in advance, but if you do not have to sign a similar training agreement with the company or an agreement that specifies severance compensation, the company should not let you call for liquidated damages.
3.As for whether your company will continue to apply for a temporary residence permit for you, it depends on whether the people in your company are good or not, and it is not difficult to go to the police station to do it yourself.
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Legal Analysis: Not Appropriate. After the salary is paid, you can submit an application for resignation, and after the approval of the leader, it will take a period of time to hand over the work.
Generally, it takes one month to leave a job. You can resign, but now there is a labor contract for the job, if the contract time has not yet reached the mu disturbance, the company may not give you a refund order, or deduct liquidated damages. Receiving wages is to work first and then receive money, and if there is a default, the wages settled in the next month will not be received.
Legal basis: Labor Contract Law of the People's Republic of China
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.
Interim Provisions on Payment of Wages".
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. The compensation for economic losses may be deducted from the employee's own salary, but the part deducted for each month of transportation shall not exceed 20% of the employee's monthly salary. 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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Leaving a job a few days before the payroll does not affect the payroll. The legal requirement for employees to voluntarily leave the company is that regular employees need to submit a resignation application 30 working days in advance, and non-regular employees need to submit a resignation application on the third day in advance. However, if the employee submits a resignation application every month and leaves himself, then the employer cannot use this as a reason to deduct or not pay wages.
Employers shall strictly enforce labor quota standards and shall not force or covertly compel workers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.
Labor Contract Law of the People's Republic of China
Article 38.
Unilateral termination of labor contract by the employee] The employee may terminate the labor contract under any of the following circumstances:
1) Failure to provide labor protection or labor 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 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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Legal analysis: Most enterprises will not settle wages on the same day, and will not pay wages until the next month. 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 is the one who should pay the employee's wages, and if the employer refuses to pay, the employee can file a complaint with the local labor inspection department or apply for labor arbitration. If wages are not paid in a timely manner, there are two ways to claim wages:
1) Workers can file a complaint with the local labor bureau for labor inspection; Pros: Simple way. Cons:
Enforcement may not be very strong in various places;
2) You can apply for arbitration at the local labor bureau and demand payment of wages. If the employment contract is not signed, you can also demand double the salary of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
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. 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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Legal analysis: If the resignation is 30 days in advance (3 days in advance of the probation period) in accordance with the company's regulations, the company should of course pay wages; If the resignation is a voluntary resignation, the company has the right to deduct 30 days' wages (3 days' wages during the probationary period), so whether to pay wages depends on whether it is a normal resignation.
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 law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employer to compensate for the economic losses in accordance with the agreement of the Labor Cooperation. 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 the deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
Article 90 of the Labor Contract Law of the People's Republic of China If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.
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If you resign and do not pay your salary, you can complain to the local labor bureau and ask it to pay your wages; If the employer fails to pay within the time limit after being notified by the Labor Bureau, it may order the employer to pay additional compensation to the employee's brother according to the standard of 50% to 1 time of the amount payable.
Article 6 of the Interim Provisions on the Arbitrary Payment of Wages and Compensation for Workers shall be paid to the workers themselves. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf. The employer may entrust the bank to pay the wages on behalf of the employer.
The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages.
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