Labor Law: If you leave without resignation during the probationary period, you will not be paid

Updated on society 2024-06-24
8 answers
  1. Anonymous users2024-02-12

    1. If the employee leaves without resignation during the probationary period, the employer may be required to pay wages, but the employer may claim compensation for the losses caused to the employer by voluntarily resigning without resignation.

    2. Article 16 of the Interim Provisions on Payment of Wages stipulates that if an 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 loss 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.

  2. Anonymous users2024-02-11

    Take! Why not take it? During the probationary period, the probationary labor contract can be terminated from the employer at any time, and the probationary period generally does not exceed three months, even if you need to pay liquidated damages, it is a small amount, and you should definitely take it!

  3. Anonymous users2024-02-10

    There should be! The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. Your actions are not in accordance with legal procedures, and even if such a dispute arises between you and the company, the arbitrator may claim compensation from the company for your actions, but you should be compensated for the labor you have paid during the probationary period.

    No matter what, you can't lose by following the legal process. Personal opinion, studied labor law.

  4. Anonymous users2024-02-09

    The salary is your labor income and should be paid, but because you did not resign, it is estimated that you will have to compensate the company for certain losses.

  5. Anonymous users2024-02-08

    In principle, no, because you have not signed the relevant employment contract, so there is no legal protection

  6. Anonymous users2024-02-07

    Please, how can you get paid if you don't resign.

    This is a typical example of voluntary resignation. Don't talk about the law, you're not doing it properly.

  7. Anonymous users2024-02-06

    There is money, as long as you don't offer to resign.

  8. Anonymous users2024-02-05

    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 demand that the employer pay the wages owed. 1. If you work for an employer, there are two ways to request payment of wages: 1. The worker can file a complaint with the labor inspection of the local human resources and social security bureau; Pros:

    It's simple. 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 the employment contract is not signed, you can demand double the salary for the non-employment contract. If the labor relationship is terminated on the basis of arrears of wages, you can also request the payment of economic compensation. Pros:

    In addition to wages, financial compensation, double wages, etc., can also be claimed, 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.

    Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, work-related injuries, medical expenses, economic compensation or compensation, etc.; Article 50 of the Labor Law Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

    Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation: (1) Withholding or defaulting on the worker's wages without reason; (2) Refusing to pay wages for extended working hours; (3) Paying wages to workers below the local minimum wage standard.

    The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State. For specific analysis of specific issues, it is recommended to consult a professional lawyer for whether there is a salary for resignation during the probationary period.

    Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

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In fact, this is also a kind of courage, it may be that I am not very satisfied with the job, I have experienced the pain of the probationary period, and I don't want to let the pain continue.