Will the manager deduct the monthly salary if he does not show up before the date of resignation?

Hello, if you don't go to work before the departure date, because you are still on the job, you must go through the normal leave process, otherwise the company can deal with absenteeism (absenteeism for 1 day can deduct up to 3 days of wages), but the deduction is your salary for the current month, and if the work of the previous month is full, the salary of the previous month will not be deducted.

The employee and the employer have determined the date of resignation in accordance with the law, and the employee shall go to work normally before going through the resignation formalities in accordance with the law, otherwise the employee may terminate the employment relationship with the employee on the grounds of absenteeism.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.

The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Legal analysis: According to the relevant provisions of Chinese law, if an employee resigns, he or she needs to notify the employer one month in advance, and if he is a probationary worker, he only needs to notify the employer three days in advance. If the employee fails to inform the employer in advance within the prescribed time and causes certain losses to the employer, the employee shall be liable for compensation.

However, the deduction of one month's salary by the employer is illegal and not allowed by law. 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.

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

Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with 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 in which the labor contract may be terminated as provided 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.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; 2) Seriously violating the rules and regulations of the employer; 3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; 4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; 5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; 6) Those who have been pursued for criminal responsibility in accordance with law.

Hello, it is illegal for an employee to leave abruptly without applying for resignation one month in advance.

Legal basis of the Labor Contract Law: 1. If the employer and the employee sign a labor contract in accordance with the Labor Contract Law, and the employee resigns without one month's notice, it is an illegal termination of the labor contract, and the employer shall be compensated for the losses caused thereby. However, the employer bears the burden of proof of the loss.

If the loss is actually caused, it can be deducted from the salary. However, the monthly deduction shall not exceed 20% of the salary of the current month, and the salary after deduction shall not be lower than the local minimum wage. 2. If the employer arbitrarily deducts wages, the employee 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.

According to Article 16 of the Interim Provisions on Payment of Wages, if the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. 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. FYI.

Questions. The employee has already worked in another company, and the original unit has not left the company, how to deal with this.

Hello, first go to the original unit to resign, and at the same time you can ask the original unit to issue a certificate of termination of the labor contract, which is stipulated by law, the employer cannot refuse, if the unit refuses, it will apply for labor arbitration. According to the relevant provisions, the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the contract, and complete the formalities for the transfer of the employee's file and insurance relationship within 15 days. Without written proof of dissolution or termination of the labor contract, the worker cannot receive unemployment insurance money, nor can he enjoy basic medical insurance benefits, and the unemployed person cannot enjoy tax incentives for self-employment and reemployment.

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

Summary. Hello dear! If the employee is not on probation, the resignation only needs to be notified in writing to the employer 30 days in advance, and the employer's approval is not required, and the employer shall go through the resignation procedures for the employee after 30 days, otherwise the employer will be in violation of the law.

I applied for resignation a month in advance when I worked in the factory, and the manager refused to let me resign, or I left without permission, and I deducted one month's salary, is this legal?

Hello! If the employee is not on probation, the resignation only needs to be notified in writing to the employer 30 days in advance, and the approval of the employer is not required.

Dear, the following is the legal basis I have compiled for you: Article 37 of the Labor Contract Law, an employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employer may be respectfully terminated by notifying the employer three days in advance.

Hello dear! If the manager refuses to leave the job, the employee can file a complaint with the local labor inspection brigade or apply for arbitration at the labor dispute arbitration department.