According to the labor law, should I pay my wages if I quit my job?

Updated on society 2024-07-02
7 answers
  1. Anonymous users2024-02-12

    Regardless of whether you resign or not, your salary will be settled in the current month. I can't press it for a month.

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

    Article 50 Wages shall be paid to the workers 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 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

    According to the Labor Contract Law:

    The employer shall, in accordance with the provisions of the labor contract and state regulations, 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.

    In any of the following circumstances, the labor administrative department shall order the employer 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.

  2. Anonymous users2024-02-11

    Yes, resignation should be made at the time of resignation with the balance of wages. Article 9 of the Interim Regulations 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.

  3. Anonymous users2024-02-10

    Legal analysis: Generally, the wages of the workers are settled in a lump sum when the labor relationship is terminated. 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.

    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 of the labor contract.

  4. Anonymous users2024-02-09

    Legal analysis: Generally, the wages of the employee are settled in a lump sum when the labor relationship is terminated. When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employing unit shall pay the employee the wages of the employee in a lump sum when dissolving or terminating the labor contract.

    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 dissolving or terminating the labor contract.

  5. Anonymous users2024-02-08

    Legal analysis: According to the law, when the labor contract is legally terminated, the employer shall pay the employee's wages in a lump sum. In practice, however, most companies pay on the following month's payroll.

    As for the commission bonus, it is also a salary in law. Although it is settled every three months, you, as an employee, should be entitled to a commission bonus corresponding to the period of work.

    If the employer refuses to pay, it may file a complaint with the labor and social security administrative department (labor inspection brigade) or with the labor and social security administrative department (labor inspection brigade).

    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.

    Labor Law of the People's Republic of China Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

  6. Anonymous users2024-02-07

    The Labor Law of the People's Republic of China does not stipulate that wages should be paid when an employee resigns.

    However, according to 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.

    The employer shall pay the wages in legal tender, not in kind or in alternative currencies, and shall pay the wages to the workers themselves. If the employee is unable to receive wages for any reason, the employer may entrust the bank to pay the wages on behalf of the employee, but the amount and time of the wages paid to the employee, the name and signature of the recipient must be recorded in writing, and the employer shall provide the employee with a list of his personal wages when paying the wages.

    Wages must be paid on the date agreed between the employer and the employee. 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 weekly, daily, and hourly wage systems are implemented.

    For workers who have completed one-time temporary work or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.

    If the employer arranges the employee to work outside the statutory standard working hours according to the actual needs after the employee has completed the labor quota or the prescribed work tasks, the employer shall pay the employee according to the following standards:

    1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;

    2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;

    3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.

    [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 wages of the laborer in full at the time of dissolution or termination.

  7. Anonymous users2024-02-06

    Labor Law Resignation Wage Settlement 1. The employee proposes to terminate the labor contract (resignation) in three situations: First, the employee proposes to terminate the labor contract in accordance with the provisions of Article 37, that is, 30 days in advance (3 days of probation) to notify the employer, without the approval of the unit. However, if the employer does not accept that the employer proposes to terminate the labor contract in accordance with the provisions of Article 38, it does not need to be approved 30 days in advance, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract in violation of the law without any basis, the employer not only does not pay the severance payment, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.

    Second, the termination of the labor contract in accordance with the provisions of Article 38 does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90. Second, the termination of the labor contract in accordance with the provisions of Article 38 does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay the economic compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90. Second, in accordance with the provisions of Article 38, the termination of the labor contract does not need to be approved 30 days in advance, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract in violation of the law without any basis, the employer not only does not pay severance but can also bear the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90, and second, the termination of the labor contract in accordance with the provisions of Article 38 does not need to be approved 30 days in advance, and the employer must also pay severance of one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.

    Article 50 of the Labor Contract Law stipulates that an employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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.

Related questions
4 answers2024-07-02

1. What are the provisions of the Labor Law for Urgent Resignation? >>>More

5 answers2024-07-02

1. Employees who resign must notify the employer in writing 30 days in advance: Article 31 of the Labor Law of the People's Republic of China stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract", which clearly gives the employee the right to resign, which is absolute. >>>More

11 answers2024-07-02

You can go to your local labor inspection department to complain, or you can apply directly for labor arbitration.

8 answers2024-07-02

Again, the focus is on your city's local regulations.

Whether private or state-owned, local laws and regulations are the same, but different cities have different regulations. >>>More

9 answers2024-07-02

These look at the Labor Contract Law and the old Labor Law, as well as the specific regulations of each province and city.