The company was in arrears of wages, and after leaving the company, the company demanded compensatio

The company is in arrears of wages, and it is unreasonable for the company to claim compensation for his losses after normal resignation. The resignation shall be handled in accordance with the resignation procedure, and the company shall clear the arrears of wages in a timely manner, and the employee shall not be held liable. Resignation needs to be applied for 30 days in advance, the company can go through the resignation procedures after approval, without application and approval, unauthorized resignation, the company will investigate the losses and responsibilities caused by this.

Hello, 1. If you are in arrears of wages, you can call 12333 to complain if you do not pay wages or deduct wages, which is the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.

2. Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and request economic compensation. The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration.

3. Article 85 of the Labor Contract Law: 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 at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

If more details could be given, more detailed information could be made.

Hello, if you resign in the case of arrears of wages, you can request the payment of severance in accordance with the provisions of the Labor Contract Law.

It is illegal to pay wages in arrears, go to the labor inspection brigade to complain, go to the court to sue for your reasonable demands. Resignation does not require compensation from the company only in accordance with the procedure.

Such a situation is certainly unreasonable.

Compensating for losses is a real loss to the company.

According to the provisions of the Civil Procedure Law, the principle that whoever asserts the claim shall bear the burden of proof needs to provide evidence to prove the existence of the loss and the proof of causation before compensation can be claimed.

If the company owes wages for a long time, it is more reasonable for the other party to ask for compensation.

It depends on what the matter, the specific problem, the specific analysis, he must have a reason to ask the other party for compensation, if it is unreasonable, he can refuse.

You can apply to the local labor arbitration institution for labor arbitration, you can also report to the local labor bureau, or you can file a labor dispute lawsuit with the local people's court, and the court will give a judgment after conducting an investigation and trial.

Resignation must be applied for in advance

Legal analysis: An employer in arrears of wages may request the termination of the labor relationship and demand the payment of wages and economic compensation. At the same time, they should try to collect evidence and apply for labor arbitration to protect their rights.

According to the actual situation, the employee has the right to voluntarily leave the job in accordance with the law, and the company should pay the employee's wages in one lump sum when the contract is terminated, and the company's behavior of arrears of wages to the employee is illegal. If the negotiation between the two parties is invalid, the person who changes the labor head may apply for labor arbitration for processing, and if he is not satisfied with the result of labor arbitration and complies with the provisions of the law, he may file a lawsuit with the court and request the court to deal with it in accordance with the law.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Legal analysis: If the employer is in arrears of wages and the employee is forced to leave the job voluntarily, the employer shall pay economic compensation to the employee. If the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract, and the employer shall pay economic compensation to the employee.

If the two parties fail to reach an agreement through negotiation, they can apply to the local labor dispute mediation department for mediation and arbitration.

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

Article 38 If an employer fails to pay labor remuneration in full and in a timely manner, the worker may terminate the labor contract.

Article 46 Where a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the worker.

Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where 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.

Legal analysis]: Employees who leave their jobs due to wage arrears can claim economic compensation. The employer's arrears of wages to the employee are statutory circumstances that may terminate the labor contract immediately, and the employer may pay severance after the completion of the draft in accordance with the law.

The company does not need to pay severance as follows: 1. The employer encounters natural disasters, wars and other reasons that are beyond human resistance; 2. The employer encounters operational difficulties and the capital turnover is affected. With the consent of the labor union of the unit, the payment of wages to the worker may be temporarily deferred.

Legal basisArticle 91 of the Labor Law of the People's Republic of China If an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may order the payment of compensation: (1) deducting or arrears of wages of the worker 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 given economic compensation in accordance with the provisions of this Law.

Compensation can be claimed.

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 worker according to the standard of between 50% and 100% of the amount of the payable gold code.

Pay the arrears of wages to the employee as soon as possible, including basic salary, allowances, bonuses, overtime pay, and all other salaries that should be paid. 2.Pay the financial travel compensation.

If an employee is forced to leave the job due to the company's unpaid wages, the company shall pay him severance for terminating the employment contract. The specific amount of severance is calculated based on the number of years the employee has worked for the company. In general, one month's salary or one or two months' salary is paid for every full year.

3.Payment of compensation. If the legitimate rights and interests of the employee are harmed, such as physical injury or mental damage, the company shall also pay the corresponding compensation.

Article 38 of the Labor Contract Law The employer may terminate the labor contract under any of the following circumstances: 1) Failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit.

If it is more than six months and less than one year, it will be calculated as one year of hall training; If it is less than six months, the worker shall be paid half a month's salary.