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According to the provisions of the Labor Law, the employee must submit a written application to the company 30 days in advance to terminate the labor contract, and 3. If he does not come to work and does not go through any formalities, he or she will be treated as absenteeism and can be removed for more than 15 consecutive days.
4 As far as I know, Taiwanese businessmen are very afraid of the Communist Party, so Taiwanese enterprises are relatively standardized in abiding by the mainland's labor management regulations, and they should not withhold them.
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In short, it will not go smoothly.
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Many Taiwan-funded enterprises have customized regulations that the first week of new employees is called the trial period, and during the seven days of this trial period, whether they are dismissed by the company or leave themselves, they will not receive wages. Anyone who exceeds this trial period is paid.
I once worked in a Taiwan-funded factory, and I encountered such a dispute. It is recommended that you go and take a closer look at the company's regulations, and then ask the finance to clarify, if your boss is not the kind of arrogant and unreasonable, you should be able to get it. Because the reputation of Taiwan-funded factories in various industries on the mainland is really not very good, Hong Kong-funded enterprises are the first choice when looking for jobs in the future, and the professionalism of Hong Kong people is worth emulating.
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I am also working in the company, if you are not satisfied, you can resign, according to the company's procedures, so that the company will definitely give you the salary, because it belongs to you, if you say go, this will have a certain impact on the company, if every employee says to go, the enterprise system has lost its meaning and caused consequences, so it is recommended that you resign, explain things clearly, happy to come, happy to go.
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The treatment of workers during the training period can be paid according to the wages agreed in the labor contract.
Article 12 of the "Provisions on the Training of Employees of Enterprises" stipulates that an enterprise shall pay basic wages, bonuses and related benefits to employees who have been approved to participate in full-time training within half a year (unless otherwise agreed by both parties). Employees who participate in the internal full-time training of the enterprise shall be paid wages and benefits during the training period.
According to Article 13 of the Regulations on Labor Contracts of Jiangsu Province, if an employer establishes an employment relationship with an employee from the date of employment, and the employer arranges for the employee to participate in pre-employment training and study, the employment relationship shall be established from the date of the employee's participation.
It can be seen that the date of establishment of the labor relationship is the date of the commencement of training, while the date of informal employment, the date of the commencement of training is the date of employment. The purpose of the relevant training arranged by the employer is to enable the worker to provide labor for him in a standardized and standard manner and to obey his management;
The time and energy spent by the employee in participating in the training according to the employer's arrangement shall be regarded as normal attendance and normal work, and the employer shall pay the corresponding wages.
Paragraph 2 of Article 22 of the Labor Contract Law stipulates:
If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.
Article 16 of the Regulations for the Implementation of the Labor Contract Law provides.
The training expenses stipulated in Paragraph 2 of Article 22 of the Labor Contract Law include the training fees paid by the employer for the purpose of providing professional and technical training to the employee, the travel expenses during the training period and other direct expenses incurred by the employee for the training.
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After being accepted for the interview, the training is also part of the job and should be paid.
According to Article 7 of the Labor Contract Law, an employer shall establish an employment relationship with an employee from the date of employment. The employer shall establish a roster of employees for future reference.
The company's pre-job training is also to further familiarize new employees with the company environment. In addition, all pre-job training is in accordance with the requirements of formal work, which should be understood as no different from formal work, and wages should be calculated.
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After being accepted in the interview, there should be a corresponding salary, and the training is also part of the job, and the salary should be paid!! But this part of the money is estimated not enough for you to fight the lawsuit!
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From a legal point of view, it is also necessary to pay wages, and training is also part of the work, so it is recommended to sign a contract with the company to participate in the training, so as to protect their own interests.
What to look out for when onboarding:
Note 1: Copies of all documents should be kept.
Note 2: Employees need to sign a "Letter of Commitment" when they join the company: the content involves no coercion, fraud, or confirmation of signing a labor contract by taking advantage of others' danger; Know the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, job requirements and job responsibilities; Understand the company's rules and regulations; Promise that there is no content of employees cheating and coercing the company, etc.
Note 3: Sign a labor contract. If the employee of the labor contract needs to keep one copy, if the company wants to keep both contracts, the employee can write a copy of the "Entrusting the Company to Keep the Contract", which will be kept by the company together with the contract.
Note 5: Employees are required to issue a "Resignation Certificate" or sign a "Labor Relationship Innocence Commitment".
Pay attention to problem 6: Send the "job description" to the employee and ask the employee to sign for it. Pay attention to the content in the job description that "does not meet the requirements for employment".
Note 7: Personnel files are kept for at least 2 years after the employee leaves the company.
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Of course, it must be paid.
According to the Labor Law, during the training period of the employee, the basic salary shall not be lower than the minimum living allowance standard of the city until the end of the training.
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During the probationary period, the employee is paid for his or her own departure.
If the employer refuses to pay the employee's wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration to request the employer to pay the employee's wages.
If the employer has evidence to prove that the employee has suffered certain losses due to the employee's resignation, the employer may require the employee to pay certain compensation.
1. If you work for an employer, there are two ways to ask for wages:
1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages 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.
2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
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There is a salary. However, if the employee resigns without authorization and does not submit the resignation in writing 30 days in advance, and the employer does not have the circumstances stipulated in Article 38 of the Labor Contract Law, the employee is illegal. The employer shall pay the wages of the employee in full, but the employer may require the employee to bear the direct economic losses caused by the employee to the employer and the expenses incurred in recruitment.
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The salary during the probationary period needs to be paid normally, and the employee's resignation during the probationary period needs to be explained three days in advance, as follows:
Labor Contract Law of the People's Republic of China
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
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.
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During the probationary period, the employer shall pay wages. If the employee leaves the job during the probationary period, it does not affect the employee's right to demand payment of wages.
As long as the worker actually provides labor, the employer shall pay the wages and shall not deduct or delay the wages without reason.
Article 50 of the Labor Contract Law stipulates that wages shall be paid to the employee in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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Payment is required by law.
If the worker provides labor, the employer is required to pay wages.
If the loss is caused by voluntary resignation, the employee may be required to compensate for it.
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1. You can ask to come back and continue to work for three days before you go to pay wages together, otherwise you will not be paid. (The Labor Contract Law stipulates that the employer may resign if the employer is notified three days in advance during the probationary period and 30 days in advance after the probationary period).
2. If you use your things to offset your salary, you can report to the public security organs.
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The labor law is inclined to protect the worker, even if he voluntarily leaves the job, according to the law, the salary is still paid; But if he takes your things, it is also illegal, and if the amount is larger, it may constitute a crime, and you can call the police.
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What are you going to do? What a quality person, hehe. Give him three days' money to let him leave immediately, and call the police immediately if he dares to take something.
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It's better to pay him so that it doesn't affect the company's image.
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Satisfactory answer: understand super - sincere level 242010-12-08First of all, you have a labor contract during the probation period.
Is it? If there is a contract, you must be treated according to the distribution of your labor capacity in the contract. If you don't have a labor contract, you can also go to the local labor security agency and ask the unit where you are probationary to pay you your salary.
Of course, to be honest, such companies are usually repeat offenders, and they are taking advantage of the lack of legal awareness of the people. So it is advisable for you to pick up the ** of the law. Believe in the country, believe in the party!
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It is illegal for an employee to leave the company without paying wages, and the employee must also pay the salary earned by the employee for his previous work after leaving the company. If the non-payment of wages is a failure to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, and fails to do so within the time limit, the employer shall be ordered to pay the employee additional compensation according to the standard of 50% to 100% of the amount payable. Reports can be made to the local labour inspection department or the labour inspection brigade.
According to Article 85 of the Labor Contract Law of the People's Republic of China, if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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If the employer does not settle the employee's salary, the employee may terminate the labor contract (i.e., leave the company) and claim severance payment.
Labor Contract Law
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.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; ......
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Submit your resignation in writing one month in advance. Approval is not required after one month, and the company should go through the resignation procedures. Settle your salary. If the company resigns through legal procedures and does not settle the salary, it can file a complaint to protect its rights.
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If you have applied for resignation, the company has not gone through the formalities for a long time, and you should settle your salary and issue a resignation certificate, otherwise the company violates the law and can apply for labor dispute arbitration.
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If you leave your job during the probationary period, you will also be paid a salary according to your actual working hours or workload.
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After working for a month, you deserve it, and you go to the unit to ask for a salary, which is the unit's loss.
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1.According to the labor law, the company must sign a labor contract with the employee within one month of employment, according to your above situation, the employee has been employed for two months, the company has not signed a labor contract with him, according to the provisions of the labor law law, the company needs to pay the employee double the salary (from the date of entry); 2.During the probationary period of the employee, the company in order to purchase social security, this is the company's obligation, there is a legal basis, the company in accordance with the requirements of the law in one aspect, can not offset the other side of the illegal, these are two issues; 3.
As long as there is a de facto employment relationship, even if the employee leaves himself, he or she must settle the wages due to him/her. 4.With the publicity of relevant labor laws and regulations, many employees' awareness of protecting their rights is improving, so companies must be cautious when dealing with relevant labor relations; 5.To sum up, if the employee claims rights against the company on this basis, the company is very passive, and under normal circumstances, the court or the labor department will support the employee's claim; However, if the employee causes losses to the company due to self-departure, the company can also claim relevant rights and interests, and the specific operation depends on the actual situation of your company.
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