What should I do if I work in a factory and don t quit my job in disguise?

If you want to resign, you only need to submit a notice of resignation in writing to the employer 30 days in advance (3 days in advance during the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Handover (Documents and Materials) of the Employee", and the consent of the employer is not required. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle the formalities (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your salary in full in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law.

If you have fulfilled the resignation procedure in accordance with the law, and the employer violates the law by failing to handle the relevant procedures for your resignation and letting you go, and you believe that the employer has violated your legitimate rights and interests in labor security, you have the right to make a written report or complaint to the local labor and social security inspection brigade (Article 9 of the Labor and Social Security Supervision Regulations) and request the labor and social security inspection brigade to handle the matter in accordance with the law, or apply to the local labor dispute arbitration commission for arbitration in accordance with the law (labor dispute arbitration is free of charge). If you are not satisfied with the arbitration, you can also file a lawsuit against the employer in court (Article 77 of the Employment Contract Law).

Generally, it takes a month to get approved. Discuss with the factory leader to see if the company has any difficulties, help if you can, if you think it is deliberate, then say hello and leave directly, or ask the leader every day, if he feels that you are not attentive to the work, then approve.

The actions of this factory are illegal, and there are many places where you can accuse him, and I will tell you little by little.

First of all, there is the issue of not signing an employment contract. According to Article 10 of the Labor Contract Law, "a written labor contract shall be concluded to establish an employment relationship.

The so-called establishment of labor relations means that you enter this factory to work, and from the first day you enter this factory, you will establish labor relations with this factory. At the same time, Article 10 also says: "If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment."

In other words, within one month of entering the factory, the factory should have signed a labor contract with you, and if they did not do so, it is already illegal.

Second, the problem of working overtime until half past eleven every day. Article 36 of the Labor Law: "The State shall implement a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

That is to say, it takes 8 hours to work every day, and if you work overtime every week, you can only accumulate 4 more hours of work, and you will work overtime until 11:30 every day, which is definitely not possible. According to Article 41 of the Labor Law, "due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

That is to say, even if the factory needs to rush work, you have to work overtime, you have to negotiate with your union first, presumably you don't have a union, and you can only add an extra hour a day to negotiate with the union.

Third, overtime is paid for overtime. According to Article 44 of the Labor Law, "a worker who is arranged to work longer hours shall be paid a wage remuneration of not less than 150 percent of his wages". Overtime cannot be added in vain, and overtime without payment is exploitation.

Fourth, the issue of resignation is not given. You don't have to wait in line to resign, but it's right to say in advance that you want to resign. According to Article 37 of the Labor Contract 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. That is to say, if you want to quit your job, you should write a written resignation report, and the reason is to give it to the factory 30 days in advance, that is, one month in advance.

Of course, when your factory goes too far, you can just go. According to Article 38 of the Labor Contract Law, if a factory has any of the following circumstances, it may simply leave: "(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 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;

Whether there has been a probationary period, during the probationary period, one day's written notice, after the regularization, 30 days' written notice. If the factory does not give it, it is illegal, and it has to be compensated.

According to the provisions of the Labor Contract Law, there are two forms of resignation:

1. You can submit it in accordance with the provisions of Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, without 30 days in advance and without the approval of the unit, and you can leave immediately. The employer shall not only pay wages on time, but also pay severance of one month's salary for each year of service in accordance with Article 46 of the Labor Contract Law.

2. In accordance with the provisions of Article 37 of the Labor Contract Law, the employer can be notified 30 days in advance (3 days of probation), without any reason and without the approval of the unit, and the employer can be required to go through the resignation procedures and leave. It's just that they don't get financial compensation.

Go to the local labor inspection brigade with jurisdiction to report and complain, and demand the arrears of wages. Ask for a solution. The Labour Code stipulates that wages are paid on a monthly basis.

If the company is in arrears, the worker can file a complaint with the labor inspection brigade, which will order the employer to pay the wages within a time limit, and Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

According to the relevant provisions of the Labor Law and the Labor Contract Law, resignation is a right granted to employees by law, but the right of employees should be notified to the employer 3 days in advance during the probationary period and 30 days in advance during the formal employment period. If you are in a hurry and are about to leave, try to negotiate with the unit. Of course, it is wrong for the employer to not settle your salary if you leave early.

You can file a complaint in this regard by labor arbitration or directly with the Labor Inspection and Enforcement Brigade of the local social security bureau.

Hello! Under normal circumstances, the company's arrears of wages are labor disputes, and employees should take labor dispute settlement methods to get their wages. However, the company's arrears of wages violate the contract, violate labor laws, and may even violate criminal laws in serious cases, so it may have to bear corresponding legal liability.

In practice, if the company defaults on wages, it may have to bear the following legal liabilities depending on the circumstances:

1. Accept administrative punishments.

1. Labor administrative department.

The labor department may order the employee to pay wages within a time limit, and if the payment is not made within the time limit, the company will be ordered to pay the employee additional compensation at the rate of 50% to 100% of the amount due.

2. Human resources and social security departments.

Specifically, we will receive the appropriate processing in the following cases:

1) After receiving the complaint and report, the department will order correction in a timely manner, and will make administrative treatment or administrative punishment for the company that refuses to make corrections.

2) For companies that have a large amount of arrears without reason, for a long period of time, or of a vile nature, follow relevant provisions to announce them to the public through the provincial market entity credit information publicity system and the provincial social credit system, and enter them into the relevant "blacklist".

3. Housing and urban-rural development departments and market supervision and management departments.

For construction units that are in arrears or fail to pay the wages of migrant workers in full and refuse to pay within the time limit, the housing and urban-rural development department will stop their bidding qualifications and clear the construction market in accordance with the law, and the market supervision and management department will revoke the business license in accordance with the law.

2. Acceptance of criminal penalties.

If a company evades the payment of employees' wages by means of transferring property, escaping, etc., or has the ability to pay but does not pay employees' wages, and the amount is relatively large, and the relevant authorities still refuse to pay the wages after supervision, it constitutes the crime of refusing to pay labor remuneration.

After the crime of refusing to pay labor remuneration is constituted, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine. If serious consequences are caused, the penalty shall be imprisonment of not less than three years but not more than seven years and a fine.

In addition, the company's boss and other directly responsible executives and other directly responsible personnel will also accept the above penalties according to the specific circumstances.

Finally, in fact, some companies believe that wage arrears only involve labor disputes and will generally not be required to bear legal liability, so they are more emboldened.

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2. Employing people. 2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of labor relations between the two parties: wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; "Work Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the employee's identity; Recruitment records such as the "registration form" and "registration form" filled in by the employee; attendance records; Testimonies of other workers, etc. Therefore, the worker or the labor and social security department can prove or confirm from the above aspects.

In judicial practice, the employment relationship can also be proved by using the company's business transaction documents, audio recording evidence, etc.

3. What are the consequences to be borne by legal persons in arrears of wages?

1. The legal representative bears limited liability to the company, and the company bears unlimited joint and several liability for the debts owed by the company with all its assets, and if the company is still unable to pay off its debts (including workers' wages) after bankruptcy liquidation, the general legal representative does not need to bear joint and several liability.

2. The company's poor performance cannot be the reason for the company's wage arrears, even if the company is on the verge of bankruptcy, the company needs to be liquidated, and at the same time, the assets obtained from the liquidation give priority to the payment of wages owed to workers.

3. The amount of arrears of wages of the enterprise is relatively large.

This is unreasonable, if you have not violated the rules and regulations of the unit, and you are dismissed without cause, then the employer will have to pay your salary in any case. And you will be notified one month in advance or you will be paid one month's salary. It is unreasonable not to sign and leave without paying, but the unit is afraid that you will go back to find trouble, so you must go through the procedures.

If the employer terminates the contract, the employee shall pay compensation according to the number of years of service, and if the individual voluntarily resigns, there is no compensation. In order not to pay compensation, the employer requires the employee to resign.

No matter how you leave the factory, as long as it is not a crime, you should get the salary you deserve, and it is illegal not to pay the salary without signing a resignation.

You can get paid right away if you are fired! Because it is not his own resignation, but the dismissal of the other party should pay the salary.

Go to the local labor arbitration consultation for help, the country's laws are very sound, the labor arbitration will help you get the factory owner, and the wages of migrant workers are very guaranteed!

It is better not to pay wages, and to sue the labor department, basically at least three times more compensation.