How to pay the salary of employees who leave the probation period

According to the law, when an employer hires a new employee, it may agree on a probationary period. The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established.

If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. In principle, the company cannot deduct the employee's salary if you resign during the probationary period, unless you have caused property damage to the company during your employment, under normal circumstances, the resignation during the probationary period should be notified to the personnel department of the employer three days in advance, and the salary should be settled in person on the day of resignation; It can also be repaid to you on the company's regular payday. The salary of the employee who resigns during the probationary period shall be calculated according to the salary standard of the probationary period agreed in the labor contract.

However, if the agreed salary standard for the probation period is lower than the minimum wage for the same position in the unit or 80% of the salary agreed in the labor contract, the agreement will be invalid due to illegality. In this case, the employee's salary shall be calculated according to the minimum wage of the same position in the employer or 80% of the salary agreed in the labor contract.

The salary of the employee who leaves the probation period shall be converted into a daily salary according to the agreement at the time of entry, and shall be paid when the employee leaves the company.

Legal Analysis: Resignation during the probationary period is paid. As long as the employee provides normal work, the employer shall pay wages.

In addition, the salary during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. The employer shall not deduct or default on the wages of the employee without reason.

Legal basis: Article 21 of the Labor Contract Law of the People's Republic of China During the probationary period, the employer shall not terminate the labor contract unless the employee has the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

The severance pay during the probationary period shall also be paid by the employer in accordance with the agreed standards. In principle, the company cannot deduct the employee's salary during the probationary period, unless the employee has caused any property damage to the company during the period of employment, under normal circumstances, the resignation during the probationary period should be notified to the company's personnel department three days in advance, and the salary will be settled in person on the day of resignation. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance.

1. After the probationary period, there is a salary for resignation.

The probationary period is too much, and there is a salary for resignation. In principle, the company cannot deduct the employee's wages if the employee resigns after becoming a regular, unless the employee has caused property damage to the company during the period of employment.

Under normal circumstances, resignation should be notified to the company's personnel department 30 days in advance, and the salary should be settled in person on the day of resignation. It is also possible to pay it again on the date of the company's regular payroll.

Second, the resignation during the probationary period is whether the town will pay back the salary.

1. Under normal circumstances, the resignation during the probation period should be notified to the company's personnel department three days in advance, and the salary is generally handed over when the resignation procedures are handled;

2. The salary of a worker during the probation period shall not be lower than the minimum wage of the same position in the unit or 80 of the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

The probationary period refers to the period during which the employer assesses whether the employee is qualified and the employee also assesses whether the employer meets his or her own requirements during the term of the labor contract, which is a two-way choice between the two parties.

3. How to do the resignation salary if you don't pay it.

If the employee leaves the company without making a resignation report, the employer shall pay the employee's wages in full at the time of termination of the labor contract. However, if the employee terminates the labor contract in violation of the law and causes losses to the employer, he shall be liable for compensation. The employee shall notify the employer in writing 30 days in advance of the resignation and 3 days in advance during the probationary period.

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.

Article 19 If the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.