Employee resignation salary settlement issues, how to settle employee resignation wages

According to you, it is as follows: 1. When you go through the resignation procedures, does the company issue you a certificate of resignation? I didn't listen to you in detail, you talked about it.

2. If you believe that the company has violated the legitimate rights and interests of labor security, you have the right to file a complaint with the labor inspection brigade (Article 9 of the Regulations on Labor and Social Security Inspection) and request the labor inspection brigade to deal with it according to law, or apply to the labor dispute arbitration commission for arbitration in accordance with the law, and if you are not satisfied with the arbitration, you can also file a lawsuit and sue the company to the court (Article 77 of the Labor Contract Law).

3. Article 9 of the Interim Provisions on Payment of Wages stipulates that 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.

4. If the company fails to deliver the text of the labor contract to you, it is illegal for the company to complain, and you can complain to the local labor inspection brigade, and the labor inspection brigade will order the company to make corrections, and the company shall be liable for compensation if it causes you damage.

5. **12333 is the national unified labor inspection and security agency for consultation, reporting and complaints**.

During the non-probationary period, you must resign in writing 30 days in advance, and you can leave the post immediately after the expiration of the automatic termination of the labor relationship. Within 15 days, the work handover and resignation procedures will be handled, and the salary will be settled.

If the employee fails to resign in writing 30 days in advance, the employer may treat it as absenteeism.

As long as the company and employees agree, you can leave the factory in advance, if you have complete factory procedures, you can consult the company yourself, let them explain clearly, and if you are not satisfied, you can complain to the labor bureau where the company is located, + evaluation. Thank you.

As far as you say, companies can't use this reason to pit your money; 2. Apply for arbitration to the local labor dispute arbitration commission.

Legal avenues, consumer associations to complain.

Payroll is settled until the day you leave the company. That is, the time when the resignation is approved.

The main basis is labor law.

In addition, there is a wage standard of one month of compensation per year according to the length of service, and the company is required to compensate for it. If there is a problem, you can go to labor arbitration.

At present, the issue of employees seeking legal assistance has been given relative attention.

The wages of the departing employees shall be paid by the employer to the employees together when they go through the resignation procedures.

Legal basis: Article 9 of the Interim Regulations on Payment of Wages issued by the Ministry of Labor provides that 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 labor registration fee in full at the time of dissolution or termination.

1. If the employee causes major damage to the employer due to violation of law or breach of contract, he or she still has to bear the responsibility for being late in office.

But beware:

1) The worker must be subjectively at fault;

2) Compensation is only counted as direct losses, not indirect losses.

2. The specific compensation items mainly include:

1) The fees paid by the employer for recruitment;

2) The training fee paid by the employer for it, but if the two parties agree otherwise, it shall be handled in accordance with the agreement;

3) Direct losses caused to production and operation;

4) Liability for breach of contract stipulated in the labor contract.

The main legal basis for the above two points: Article 90 of the Labor Contract Law, Contravention; Article 4 of the Measures for Compensation under the Labor Contract.

If necessary, you can refer to: "Regulations on Rewards and Punishments for Employees of Enterprises" (but it should be noted that the regulations have been repealed by ***).

3. Regarding the liability for breach of contract, you should pay attention to the restrictions on the scope of liability for breach of contract in the Labor Contract Law: it is limited to the service period clause of special training, confidentiality obligation, and non-competition restriction. Moreover, confidentiality obligations and non-compete restrictions are limited to senior management.

The legal basis is Articles 22, 23, 24 and 25 of the Labor Contract Law.

4. According to the previous regulations, if money is deducted from the wages of workers to compensate for losses, the withheld wages shall not exceed 20% of the wage, and the balance shall not be lower than the minimum wage, but because the regulations on rewards and punishments for employees of enterprises have been abolished, so. Legal basis: refer to the Regulations on Rewards and Punishments for Employees of Enterprises (but it should be noted that:

The Ordinance has been repealed by ***).

1. Is it necessary for employees to notify the employer in advance of their resignation?

An employee may resign at any time 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;

3. Failure to pay social insurance premiums for workers in accordance with the law;

4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;

5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates the rules and regulations and orders the risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer and without waiting for one month.

The 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. Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract upon dissolution or termination, 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. Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the worker 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 9 of the Interim Regulations on the Payment of Wages provides that when both parties to an employment relationship terminate a labor contract in accordance with the law or a good relative terminates the labor contract, the employer shall pay the employee's wages in full at the time of dissolution or termination.

1. How to settle the employee's resignation salary 1. If the employee causes significant losses to the employer due to violation of law or breach of contract, he or she still has to be liable. However, it should be noted that: (1) the worker must have subjective fault; 2) Compensation is only counted as direct losses, not indirect losses.

2. The specific compensation items mainly include: (1) the employer recruits and uses the expenses paid by the employer; 2) The training fee paid by the employer for it, but if the two parties agree otherwise, it shall be handled in accordance with the agreement; 3) Direct losses caused to production and operation; 4) Liability for breach of contract stipulated in the labor contract. The main legal basis for the above two points:

Article 90 of the Labor Contract Law, Violation of <; Labor Law >; Article 4 of the Measures for Compensation under the Labor Contract. If necessary, please refer to: "Regulations on Rewards and Punishments for Employees of Enterprises" (but it should be noted:

The regulation has been repealed by ***) 3. Regarding the liability for breach of contract, you should pay attention to the restrictions on the scope of liability for breach of contract in the Labor Contract Law: It is limited to the service period clause of the special training fee, the confidentiality obligation, and the non-competition restriction. Moreover, confidentiality obligations and non-compete restrictions are limited to senior management.

The legal basis is Articles 22, 23, 24 and 25 of the Labor Contract Law. 4. According to the previous regulations, if money is deducted from the employee's salary to compensate for the loss, the withheld salary shall not exceed 20% of the amount of wages, and the balance shall not be less than the minimum wage. 2. Is it necessary to give advance notice of the employee's resignation Article 38 of the Labor Contract Law provides that an employee may resign at any time 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; 3. Failure to pay social insurance premiums for workers in accordance with the law; 4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; 5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; 6. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates the rules and regulations and orders the risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer and without waiting for one month. That's it for you.

In practice, some employers will pay wages to employees after they have completed the formalities, but in some cases, they will settle wages according to the time when the employer pays wages every month, and the law does not make it mandatory in this regard, because it is recommended that the employee and the employer negotiate to determine the actual time for the payment of wages.

The method of settlement of employees' resignation wages shall be based on: monthly wages and actual days of attendance. When both parties dissolve or terminate the labor contract, the employer shall pay the employee's wages in a lump sum, and 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.

[Legal basis].Article 9 of the Interim Regulations on the 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.

Article 50 of the Labour Code.

Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.