When will the salary be paid if the employee quits his job?

Generally, it will be settled in the next month. Normally, the salary after resignation is paid together with the next month's salary, and it is legal to pay it in the next month. However, some companies will also settle on the same day. According to the Interim Provisions on Payment of Wages.

When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

When an employee leaves the company, the employer should go through the relevant resignation procedures, transfer the insurance relationship, and settle the employee's salary and remuneration within 15 days. The current law does not stipulate when the salary will be paid when the employee leaves the company, but according to the provisions of the relevant laws, the employer should settle the salary when the employee leaves the company.

Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.

1. How long should the salary be paid after separation.

1. After the employee has gone through the formalities of resignation and handover in accordance with the law, the employer must issue a certificate of termination of the labor contract.

That is, the certificate of resignation, along with the employee's salary, deposit and financial compensation.

Yes, it must be cleared and returned.

2. The employer shall not arbitrarily deduct or refuse to refund the arrears, and the parties concerned may request settlement when going through the resignation procedures. Otherwise, you can go to the labor bureau to complain or report the employer's violations of laws and regulations.

3. When both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum when the labor contract is dissolved or terminated.

According to 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.

In accordance with the Labor Contract Law of the People's Republic of China

Stipulate. 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.

2. What are the ways in which the employer can protect the rights of the employee if the employer is in arrears of wages after resignation?

1. Apply for mediation.

2. After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation.

2. Apply for arbitration.

If mediation fails, if one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.

3. File a lawsuit.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Many workers will encounter a situation where their wages are not paid after leaving the company, and if they also encounter this situation and do not know how to solve it, they can find a professional to help them. If the salary is not settled after resignation, the employee will not know how to do his own salary, and if he does not know the specific content, he can come to Hualu.com to find a lawyer for consultation.

When should post-employment pay be settled?

1.At this time, the employer shall pay the employee's salary in a lump sum on the day of resignation. According to Article 9 of the Interim Provisions on Payment of Wages, when the relationship between the two parties is dissolved or terminated in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Where there are provisions in each locality, follow those provisions. For example, according to Article 13 of the Shenzhen Employee Wage and Payment Regulations, the payment center and payment center shall be paid when the labor relationship between the employer and the employee is dissolved or terminated in accordance with the law. If the salary exceeds one month, the employer shall start from the date of dissolution or termination of the labor relationship.

Wages with a one-time settlement of more than one month within three working days can be paid on the agreed payment date.

2.The employer shall not default on the wages of the employee. Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis, and the wages shall not be deducted or deducted or the wages of the worker shall be in arrears without reason.

Article 30 of the Labor Contract Law stipulates that the employer shall pay the employee full and labor remuneration in a timely manner in accordance with the provisions of the labor contract and the state. If the employer is in arrears or fails to pay the labor remuneration in full, the employee may 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.

Interim Provisions on Payment of Wages. Article 7 The salary must be between the employer and the worker. The appointed day. During the period, if there is a holiday, it should be. Wages are paid in advance on the nearest working day, at least once a month, and Sunday hourly wages are implemented, and wages can be paid from Sunday to hour.

According to the labor law, employees can request the employer to settle their wages on the day they leave the company.

Chinese Labor Law

It is a book published by China University of Political Science and Law Press on January 1, 2008, and the authors are Wang Quanxing and Huang Kun.

The book is divided into five parts: general introduction, coordination of labor relations, benchmarks of working conditions, labor security, and legal remedies, including the emergence and development of labor law, an overview of labor law, and legal relations.

Title III is devoted to the system of labor supervision and inspection, the system of settlement of labor disputes and the legal liability for violations of the Labor Law, on issues such as collective contracts, working hours, wages, labor safety and health, special protection for female workers and juvenile workers, vocational training, and social security and welfare.

There are those who settle their wages within one month after their resignation, those who settle their wages the following month, and those who settle their salaries on the day of resignation. There are no specific provisions.

The two parties can negotiate and settle the salary after the formal resignation.

Employees quit their jobs, and some companies will settle them on the same day, and their wages will not be until the next month.

After the employee resigns, he or she can communicate with the human resources specialist of the unit about the salary settlement time, which is usually the salary payment time of this month.

Legal analysis: Yes, it should be settled when the labor contract is terminated, and if the negotiation fails, you can file a complaint with the labor inspection brigade or apply for labor arbitration.

Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor 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.

File a complaint with the Labor Inspectorate. Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis, and the wages of the worker shall not be deducted or owed without reason.

Article 30 of the Labor Contract Law stipulates that the employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. Article 9 of the "Interim Provisions on Payment of Wages" When both parties to a labor 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. Article 85 of the Labor Contract Law stipulates that 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 lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with this Regulation.

Article 30 of the Labor Contract Law.

The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may 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.

Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with the arbitral award, he or she may, except as otherwise provided in this Law, file a lawsuit with the people's court.

Legal analysis: 1. You can negotiate with the company first; 2. Apply for labor arbitration; 3. Report to the labor brigade; 4. Collect evidence and file a lawsuit.

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

Article 50 Wages shall be paid to the laborers themselves in the form of money on a monthly basis. No wages owed to workers shall be deducted or unreasonably delayed.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) After the termination of the labor contract, the employee is not compensated for the economic compensation in accordance with the provisions of this law.

Legal analysis: 1. You can negotiate with the company first; 2. Apply for labor arbitration; 3. Report to the labor brigade; 4. Collect the evidence of Huishan Duan and file a lawsuit.

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

Article 50 Wages shall be paid to the laborers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

If an employee resigns, the employer shall pay the employee all wages in a lump sum when the labor contract is terminated.

If wages are not paid in time, the worker can file a complaint with the local labor bureau for labor inspection; Pros: Simple way.

Disadvantages: Enforcement may not be very strong in various places; You can go to the local labor bureau to apply for arbitration and demand payment of wages. If you do not have an employment contract, you can also 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.

1. If the employer does not pay the wages immediately when leaving the company, the employee may negotiate with the employee and require him to pay the salary in a timely manner.

2. If the employer refuses to pay, the worker can claim it by applying for mediation, initiating labor arbitration, or filing a lawsuit with the court.

3. Legal basis; Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the laborers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation.

Interim Provisions on Payment of Wages.

Article 7 Wages must be paid on the date agreed between the employer and the worker. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and wages can be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage system is implemented.

Article 8 The employer shall, in accordance with the relevant agreements or contracts, pay wages to workers who have completed one-time temporary labor or a specific job.

Article 9 When both parties to the labor relationship terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.