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1. Being late is not a serious violation of the rules and regulations of the enterprise, which can be regarded as a non-compliance with labor discipline, not to mention that the unit does not necessarily have such rules and regulations. It is illegal for the employer to deduct your wages for 9 days on this ground, and it is an illegal act of maliciously deducting the wages of employees. According to Article 85 of the Labor Contract Law, the employer shall pay additional compensation to the employee at the rate of 50% to 100% of the arrears amount.
2. You can use this as a reason for resignation, and if you meet the circumstances stipulated in Article 38 of the Labor Contract Law, you can claim it in accordance with the provisions of Article 47 of the Labor Contract Law: the standard of paying one month's salary for each full year. Financial Compensation.
3. The easiest way to recover the above fees is to complain to the local labor law enforcement inspection brigade in accordance with the "Labor Security Supervision Regulations", and they will supervise and inspect in accordance with the law and order corrections.
4. In accordance with the provisions of Article 30 of the Labor Contract Law, the local people's court may also 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.
5. The most effective way is to solve the problem through labor arbitration (no fees, no lawyers), and the employer can also be required to pay additional compensation to the employee according to the standard of 50% to 100% of the amount deducted and the amount of compensation payable in accordance with the provisions of Article 85 of the Labor Contract Law.
6. According to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the main responsibility for the presentation of evidence in labor dispute cases lies with the employer, and the employer will be ordered to present relevant evidence, so you don't have to worry.
According to Article 85 of the Labor Contract Law, the employer shall pay additional compensation to the employee at the rate of 50% to 100% of the arrears amount.
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Check the company's articles of association and system to see if the company has a miner requirement for being more than 30 minutes late. Verbal does not count, the company must provide the original labor regulations signed by you, without the original, you can insist that your company start recording miners more than 1 hour late. The new labor law also stipulates the requirement of compensation for more than half a year and one year, and you can check the specific content on the Internet.
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Every company has articles of association and systems, both oral and written. If the law requires a written one, one can be made for you right away. The essence of your problem is not what kind of system it is, but how the boss treats you.
You are hesitant to do things, and you think: that boss likes someone who doesn't love his company and wants to quit? If you want to resign, you should do it immediately.
As for the handover of work, that's another matter, and it should be done on the premise that you have the initiative.
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1) If the company's rules and regulations do not accumulate 15 minutes late according to the provisions of absenteeism or have not been notified or trained employees, the company has no right to deal with it orally, and if necessary, the company can be required to provide evidence, otherwise it can apply for labor arbitration.
2) The resignation is due according to the normal resignation procedures, if you wait until the newcomer takes over, the company will generally not notify you in advance, this time as a lesson.
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1. The reason for resignation is very important, and the reason for your own reasons is to notify the employer in writing 30 days in advance according to Article 37 of the Labor Contract Law, otherwise it is a breach of contract, and the employer can deduct one month's salary as compensation for breach of contract.
2. It is recommended that you refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law as the reason for resignation, which is not only legal and not subject to the 30-day limit, but also can obtain certain economic compensation.
3. The standard working hours stipulated by the state are in accordance with the provisions of the Labor Law and the Notice of the Ministry of Labor and Social Security of the People's Republic of China on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year, and the statutory public holidays are 104 days a year, and the statutory holidays are 11 days
Calculation of working hours of the system:
Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) 250 days.
Quarterly working days: 250 days 4 quarterly days quarterly.
Monthly working days: 250 days in December.
If you work 20 days, you can basically get a full month's salary.
4. According to the provisions of the state on total wages, including all labor remuneration paid to employees, the wages paid by the unit, whether it is compensation or economic compensation, should be 2,500 yuan.
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They will let you solve the difficulties and troubles.
before letting you go. If the trouble is caused by you, it really has to be solved before you can leave.
For example, if you sell a product and the other party owes a lot of money, then you have to be kind before you can leave.
If this is difficult and troublesome.
If you didn't cause it, then you don't have to pay attention to them at all.
Just submit your resignation letter later.
Generally after a month.
Agree or disagree.
You can leave.
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1. It is reasonable to pay the salary of the previous month on the 15th of each month.
2. Article 44 of the Labor Law In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage 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 wage 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.
3. You can apply to the labor dispute arbitration commission where the unit is located for arbitration.
4. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III).
Article 9 Where a worker claims overtime pay, he or she shall bear the burden of proof for the existence of overtime work. However, if the employee has evidence to prove that the employer has evidence of the existence of overtime work, and the employer fails to provide it, the employer shall bear the adverse consequences.
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It is possible to apply for labor arbitration free of charge.
Keep proof of your overtime work and proof that you've worked for the company.
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The submission of the resignation letter is an expression of the employee's intention to terminate the labor contract to the employer, rather than a unilateral termination of the labor contract, so the employer has the right to disagree with Xiao Zhang's resignation application. If Xiao Zhang has issued a notice of unilateral termination of the labor contract to the employer 30 days in advance, even if the leader of the unit does not sign the approval, he can leave the original employer after 30 days, and if the employer does not perform the relevant formalities in accordance with the law, he can file for labor dispute arbitration, or he can apply for labor security supervision to require the employer to perform its statutory obligations.
If your termination of the employment contract violates the provisions of the employment contract, you shall be liable for the corresponding breach of contract.
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A month's notice is all it takes.
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Try it every day with a do-it-yourself attitude.
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Provisions on resignation in the Labor Code:
1. Provisions of the Labor Contract Law on resignation.
Article 38 of the Labor Contract Law of the People's Republic of China 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) Failing to pay social insurance premiums for noisy laborers 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 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.
Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
2. Provisions on resignation in the "Measures for Compensation for Violations of the Labor Law and Provisions of the Labor Contract".
Article 4 If a worker terminates a labor contract in violation of the regulations or the provisions of the labor contract, causing losses to the employer, the worker shall compensate the employer for the following losses:
1) The fees paid by the employer for recruiting and employing it;
2) The training fees paid by the employer shall be handled in accordance with the agreement if otherwise agreed by both parties;
3) Direct economic losses caused to production, operation and work;
Other compensation expenses as stipulated in the labor contract.
3. Provisions of the Labor Law of the People's Republic of China on resignation.
Article 31 of the Labor Law of the People's Republic of China stipulates.
When an employee terminates a labor contract, he or she shall notify the employer in writing 30 days in advance.
Article 102 stipulates that "if an employee terminates a labor contract in violation of the conditions stipulated in this Law or violates the state confidentiality matters agreed in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law".
The labor law stipulates how to resign during the probationary period:
Article 37 of the Labor Contract Law stipulates that:
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. Accordingly, the probationary employee can terminate the employment relationship as long as he or she gives the company three days' written notice.
4. Whether there is economic compensation for voluntary resignation stipulated by the Labor Law:
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To leave the company is to leave the company to settle the red paper.
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In this case, it is illegal to stipulate liquidated damages, and the agreement is invalid, so you don't have to worry about liquidated damages. It's the same for both appointments and non-appointments, and you don't have to pay them.