How to settle the salary of employees who are in a hurry to quit during the probation period

If an employee resigns abruptly during the probationary period, the employer shall pay the employee's wages, but 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.

Article 90 of the Labor Contract Law of the People's Republic of China If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.

Article 16 of the Interim Regulations on the Payment of Wages If an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses 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.

During the probationary period, both the worker and the employer can terminate the labor contract, and the wages will be paid according to the principle of distribution according to work. The employer does not need to pay compensation or anything, but if the employee causes certain losses to the employer, the employee must compensate for the losses. Hope it helps.

According to the provisions of the Labor Contract Law, an employee can resign if he or she submits to the employer three days in advance during the probationary period.

If the worker works for one day, the employer shall pay one day's wages according to the agreement, and in short, the worker shall be paid a few days' wages for the days he or she works.

During the probationary period, the employee and the employer have the right to terminate the labor contract at any time.

Wages are paid on a daily basis.

If an employee resigns during the probationary period, he or she must give three days' notice to the employer before terminating the employee. According to the amount of monthly wages agreed between the employee and the employer, the salary during the probationary period is calculated as follows: monthly salary income Number of monthly salary days The number of monthly salary days is the salary during the probationary period, so the monthly salary days are usually days.

Article 19 of the Labor Contract Law.

Probationary period] If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for Chunzheng to complete a certain work task, or where the term of the labor contract is less than three months, a probationary period must not be agreed.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

1. How to settle the salary of resignation during the probation period.

1. The salary settlement method for resignation during the probation period is as follows:

1) The employee may terminate the contract by notifying the employer 3 days in advance, without the consent of the employer;

2) At the expiration of the three-day period, the employer shall settle the salary according to the attendance and go through the procedures for terminating the contract in accordance with the salary standard of the probationary period agreed in the labor contract.

2. Legal basis: Article 36 of the Labor Contract Law of the People's Republic of China.

The State implements 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 44 hours.

Article 37.

For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system provided for in Article 36 of this Law.

2. What should I do if I resign during the probation period and do not pay my salary.

The specific operation methods for resignation during the probationary period without salary are as follows:

1. Negotiate and settle;

2. Report to the labor administrative department; Chaga.

3. Apply directly for arbitration;

4. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter.

Although the employee resigns during the probationary period, if he actually works for the employer, the employer should pay him the corresponding salary. Failure to pay wages is an illegal act of Yuan Qingjian, and the worker can file a complaint with the supervision department on this basis and ask the employer to pay his or her legal remuneration.

Legal analysis: The sale of capital per mu of probationary workers is generally calculated according to the minimum wage of the same position in the unit, or 80% of the salary agreed in the labor contract, but shall not be lower than the local minimum wage. If the employee resigns during the probationary period, the salary shall be calculated according to the specific working hours of the employee, and the employer shall not deduct the employee's salary in principle, unless the employee has served the employee during the period of employment and caused property damage to the company due to intentional or gross negligence.

Legal basis: Labor Contract Law of the People's Republic of China Article 20 The salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

The probationary period is not until the resignation is paid. The salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and the minimum wage standard of the place where the employer is located.

If you resign during the probationary period and sign a labor contract, the employer will settle the salary on the first day of payroll, and if you do not sign a labor contract, you will settle the salary on the day of resignation. The salary of dismissal during the probation period shall be paid normally according to the wage standard stipulated in the labor contract. Workers must be paid as many days as they work, and they cannot be arbitrarily deducted.

The employer shall pay the employee's wages in full at one time when the labor contract is terminated or terminated.

It can be calculated according to the salary standard of the probationary period agreed in the labor contract. After the resignation, the salary is calculated in accordance with the wage standard of the probationary period agreed in the labor contract, if the salary standard of the agreed probationary period is lower than the minimum wage of the same position in the unit, then it must be settled according to the minimum wage of the same position in the unit.

1. Settle according to the contract

Both probationary employees and regular employees must sign an employment contract with the employer before starting work, and in this employment contract, the salary standard for the probationary period and the same precautions will be stipulated. In the process of resignation, we only need to open our labor contract and see how the salary standard of the probationary period is stipulated, if the salary in this labor contract is lower than the minimum wage of the same position in the unit, then the corresponding settlement method stipulated in the labor contract will be invalid, and it must be paid according to the minimum wage of the same position.

2. Note

When resigning during the probationary period, the company cannot deduct the employee's salary for some reasons in principle, but if the employee causes irreparable losses to the unit during the probationary period, then in principle, a certain amount of expenses can be deducted, so we must also know whether we have brought certain losses to the company due to our own personal reasons. And you can ask for on-site settlement of your own salary, if the HR department refuses, then you can also pay your own salary at the time of the company's daily salary.

3. Maintenance

In any case, when I resign during the probationary period, I must protect my legitimate rights and interests from any damage in accordance with the relevant provisions of the labor contract, and at the same time we must ask the other party to pay us a certain salary, and we must give corresponding settlements in accordance with the relevant settlement methods in the labor contract.

The salary of the trial Cong Changwu needs to be paid according to the content of the previous contract, if the number of days on the contract is enough, it will be paid normally, if it is not enough, it needs to be deducted from the permeation or due expenses.

It should be settled according to the salary negotiated between you and the company, which is 80% in some cases and the full salary in some cases.

Whether it is a probationary period or a long-term job, there must be a labor contract, and when you resign, you can follow the contract.

The settlement should be based on the employee's employment period and the salary during the probationary period, and there should be a settlement standard in this regard.

Legal analysis: The severance salary during the probation period shall be calculated and paid to the resigned employee when the resignation procedures are handed over. The employee may terminate the employment contract by notifying the employer in writing 30 days in advance.

The employee may terminate the labor contract by notifying the employer three days before 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.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An 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, as long as the probationary employee submits a written notice to the company three days in advance, the old employee cannot terminate the labor relationship.