The day before the Spring Festival, the contract expires and I resigns, is there still a salary for

Generally, the company will not give it, and it may be possible to talk to the relevant leaders of the company about the hard work.

When the contract expires on the 21st, the company can not pay the salary for those days. However, if the company does not renew the contract one month in advance, if it is proposed by the company and the individual does not leave the contract at fault, he can apply for economic compensation.

According to the current regulations, if an employer terminates a labor contract in violation of the law or terminates the labor relationship in accordance with the provisions of Articles 24, 26 and 27 of the Labor Law, it shall pay economic compensation in accordance with the relevant provisions of the state.

Specifically, it includes the following 12 situations:

1) The employer terminates the labor contract in violation of the law;

2) The employer terminates the labor contract upon the consensus of the parties to the labor contract;

3) The employer terminates the de facto employment relationship in advance;

4) The employer compels labor by means of violence, coercion or illegal restriction of personal freedom, or the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;

5) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;

6) The employer refuses to pay overtime wages or pays wages to employees lower than the local minimum wage standard;

7) The labor contract is terminated due to illness or non-work-related injury, and the labor appraisal committee confirms that he is unable to perform the original job or the work arranged by the employer.

8) The employer terminates the labor contract if the worker is incompetent for the job and is still incompetent after training or job adjustment;

9) The employer terminates the labor contract if there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation;

10) The employer is on the verge of bankruptcy and has to terminate the labor contract during the period of statutory rectification or serious difficulties in production and operation;

11) The employer goes bankrupt or dissolves during the term of the labor contract;

12) When the labor contract is terminated, the local government has special regulations that require the payment of economic compensation.

Legal analysis: If you leave your job after the Spring Festival, the salary and bonus during the Spring Festival should be paid in full, but the statutory Spring Festival leave is only 3 days, so you can only rest according to 3 days, and 7 days should be counted as paid wagesand you have a salary.

Legal basis: Article 10 of the Interim Provisions on Payment of Wages Article 2 If the employer suspends work or production for reasons not attributable to the employee within a period of disturbance in the payment of wages, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Legal analysis: resignation after the Spring Festival, the salary and bonus during the Spring Festival should be paid in full, but the statutory Spring Festival holiday is only 3 days, so you can only rest according to 3 days, and 7 days should be counted as paid wages. There is a salary.

Generally speaking, it is after the Spring Festival, and this is why you have to work for a good week after the Spring Festival, so these 7 days should be unpaid, because these 7 days belong to the leave after resignation and are transferred to the Spring Festival in advance to rest.

Legal basis: Labor Contract Law of the People's Republic of China Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration of Yuanxin 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.

If you leave your job after the Spring Festival, the monthly salary of the old man during the Spring Festival holiday depends on whether there is overtime.

Taking the monthly salary of 3000 as an example, the actual number of days of attendance in February this year is 15 days, and the normal number of days of attendance should be 18 days, of which the difference of 3 days is the 3 days of statutory holidays of the Spring Festival, these three days are paid holidays, and they are also counted as days of attendance, so the salary in February should be 3000 18 * 18There are also companies that do not calculate the actual number of attendance days in the month, and directly take or 22 days as the standard attendance days per month, it doesn't matter, the salary in February is also 3000 22 * 22 or 3000 In short, it is full attendance.

Legal basis: Article 2 of the Measures for Holidays on National Festivals and Memorial Days: Holidays for all citizens:

1) New Year's Day, 1 day off (January 1);

2) Spring Festival, 3 days off (at the beginning of the first lunar month.

First, the beginning. 2. The third year of junior high school);

3) Ching Ming Festival, 1 day off (on the day of Ching Ming in the lunar calendar);

4) Labor Day, 1 day off (May 1);

5) Dragon Boat Festival, 1 day off (on the day of the Dragon Boat Festival in the lunar calendar);

6) Mid-Autumn Festival, 1 day off (on the day of the Mid-Autumn Festival in the lunar calendar);

7) National Day, 3 days off (October 1, 2, 3).

Legal Analysis: Yes. According to Article 9 of the Interim Regulations on the Payment of Wages, 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.

In other words, the severance pay is paid until the termination of the employment contract. If you leave your job on the day of the end of the Spring Festival holiday (February 21), the separation pay will be calculated until the third day of the statutory holiday (i.e., February 18). If the resignation is requested on the day of the Spring Festival, the company system needs to apply one month in advance, and the labor contract will be terminated after one month, and the salary will be calculated until the day the labor contract is actually terminated.

The year-end bonus is one of the labor remunerations, which is a reward for the hard work of employees for a year. However, the year-end bonus is different from other wages, and the bonus payment belongs to the autonomy of the employer, and its payment amount, payment time and payment form are determined by the enterprise itself according to the situation. To a certain extent, it can be said that whether the bonus is paid or not, how much it is paid, and who can enjoy it and who cannot enjoy it, is completely up to the employer.

In other words, if the company's system stipulates that "the resigned employee cannot enjoy the year-end bonus", it is okay not to pay the year-end bonus when leaving the company.

Legal basis: Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner.

If the employer is in arrears or fails to pay the labor remuneration in full, the employee 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.

Article 31 Employers shall strictly enforce the labor quota standards and shall not force or covertly compel laborers 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.

Article 32 Where a worker refuses to be directed by an employer to manage Lu Min's personnel in violation of rules and regulations, or is forced to perform risky operations, it shall not be deemed to be a violation of the labor contract.

Workers have the right to criticize, report and accuse the employing units for working conditions that endanger life safety and physical health.

Resignation during the Spring Festival, the salary and bonus during the Spring Festival should be paid in full, but the statutory Spring Festival leave is only 3 days, so it can only be counted as 3 days of rest, and 7 days should be counted as paid wages, if it depends on how the unit calculates the 7 days.

Because these 7 days belong to the compensatory holiday, it means that it is adjusted from the previous or subsequent holidays to the Spring Festival. If there is no Spring Festival after the resignation formalities have been completed, the employer must issue a certificate of termination of the labor contract (i.e., the resignation certificate) after the employee has gone through the resignation and handover procedures in accordance with the law, and the employee's salary deposit and economic compensation must be settled, and the employer shall not arbitrarily deduct or default on the arrears, and the party concerned may request to settle it when going through the resignation procedures. Otherwise, the parties concerned can go to the labor bureau to complain or report the employer's violations of laws and regulations.

According to Article 44 of the Labor Law of the People's Republic of China, under any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours according to the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the difference in wages shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

1. Is there a salary for more than 10 days of the Spring Festival holiday?

The Spring Festival is a national statutory holiday, and there is a salary for the probationary period or the non-probationary period to rest during the Spring Festival.

According to Article 51 of the Labor Law:

1. The employer shall pay the Gongxin celebration fee during the statutory holidays, marriage and funeral leave and the period of participating in social activities in accordance with the law.

2. **Statutory holidays, salary payment. Payment method: monthly, no deduction from salary; On the same day, the salary is issued; According to the base salary, according to the base salary, without the base salary, according to the average salary (i.e. the actual working days of the previous month, excluding the gross salary of the previous month).

3. If workers are needed for special reasons during the holiday, wages shall be increased in accordance with the above principles. When we receive this method, we notify our subordinates to comply with it.

2. How to calculate business trips on statutory holidays.

First of all, if the subsidy for business trips is only a subsidy for travel sharing, then the worker has the conditions to demand that the employer pay three times the salary, and if the subsidy to the worker is far more than three times the average daily wage, then the worker has not suffered any damage to his interests. Since even a business trip is work, it is in accordance with the provisions of the Labor Law that pay three times the salary when working on statutory holidays.