Can you ask for a salary when you leave your job, and how can you get a salary if you leave your job

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

For details of the time of payment of wages upon termination of the labor contract, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of the time of payment of severance payments, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, the employer may be required to implement Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract and Article 85 of the Labor Contract Law.

If you take a good look at what I have covered in the title of the book above, you will be able to fully understand what I mean. Just search the internet for the names of these legal provisions and find the corresponding provisions.

If the company has solved the doubts, the shareholders can be held accountable.

If you don't push him into a hurry, you're definitely not going to come back.

Complain to the labor inspection department or apply for labor arbitration, demanding double wages and wages.

Employees who leave the labor law can immediately claim the salary of the work base. The employer shall pay the employee's wages in full at the time of dissolution or termination of the labor contract, and shall not deduct or delay the employee's wages without reason.

The labor arbitration process is as follows:

1. To submit an application, a party applying for arbitration shall submit a written application for arbitration and submit a copy according to the number of respondents;

2. For the acceptance of arbitration, the arbitration commission shall make a decision on acceptance or non-acceptance within five days from the date of receipt of the arbitration application;

3. For the hearing, the arbitral tribunal shall notify the parties in writing of the date and place of the hearing five days before the date of the hearing.

4. In arbitration and mediation, the arbitral tribunal shall first mediate when dealing with labor disputes, and promote the parties to reach an agreement voluntarily on the basis of ascertaining the facts;

5. Arbitral award: The arbitral tribunal shall adjudicate on labor dispute cases.

Legal basis]:

Article 50 of the Labor Contract Law of the People's Republic of China.

Obligations of both parties after the dissolution or termination of the labor contract] The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and handle 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.

Legal analysis: 1. Negotiated settlement. 2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located).

3. Apply directly for arbitration. Collect relevant evidence, apply to the local labor arbitration department for labor arbitration in accordance with the law, and request the company to pay wages. 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.

Legal basis: "Labor Law of the People's Republic of China" Article 79 After the occurrence of a dispute over labor and dust, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

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

Labor Contract Law of the People's Republic of China 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 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.

If the employer defaults on or deducts wages, including those deducted after resignation, it may fill in a complaint form at the labor supervision office where the employer is located. If the complaint does not reach a satisfactory result, you can further collect relevant evidence, apply for labor arbitration, and fully claim more rights. 1. The following materials are required to complain to the labor inspectorate; 1. Complainant's ID card; 2. Labor contract; 3. Proof of identity such as work permit and service certificate issued by the employer to the employee; 4. Wage payment vouchers or records (employee wage payment roster) and records of payment of various social insurance premiums; 5. Recruitment records such as the recruitment registration form and registration form filled in by the employer; 6. Attendance records; 7. Other materials to prove the labor relationship; 2. Application process:

1。hearing the complainant's statement; 2. Determine the scope of acceptance; 3. Accept or notify the receiving departments and units; 4. Report and complainant fill in the "Complaint Form"; 5. Reports and reports. the preliminary findings provided in the report of the Honourable Brothers; 9. Connect the dust bridge system with the reported unit.

Interim Provisions on Payment of Wages.

Under normal circumstances, when employees leave their jobs, they must first negotiate with the company, and after leaving the company, they will not pay you the salary when they leave the company, and their company will definitely not pay you the salary.

How can the employee who leaves the job get his salary back, in fact, this is very simple, first go to your work unit, if he is not separated, then go through the legal process.

If the employer is in arrears or deducts wages, including the situation of withholding wages after resigning from the employer, it may go to the labor inspection of the place where the employer is located to fill in a complaint form. If the complaint does not reach a satisfactory result, you can further collect relevant evidence and apply for labor arbitration to fully claim more rights. 1. The following materials are required to file a complaint with the labor inspectorate; 1. Submit the ID card of the first complainant; 2. Labor contract; 3. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee; 4. Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; 5. Recruitment records such as the "registration form" and "registration form" filled in by the employee; 6. Attendance records; 7. Other materials to prove the labor relationship; Second, the handling process:

1. Listen to the statements of the report and complainant; 2. Determine the scope of acceptance; 3. Accept or inform the receiving department or unit; 4. Report and the complainant fill in the "Complaint Form" or "Report Form"; 5. Review the evidence materials provided by them related to reports and complaints; 6. Copies of retained evidence materials; 7. Contact the employer to conduct a preliminary investigation of the case; 8. For cases where the case is simple and the reported and complaining unit actively cooperates with the handling of the case, the reporting and complaint center will handle and close the case; 9. For others that meet the requirements for case filing, they shall be transferred to the relevant departments for handling. 10. Inform the complainant of the results of the investigation and punishment.

Legal basis]:

Interim Provisions on Payment of Wages.

It can be handled in the following ways: complain to the labor bureau of the local blockade and order the employer to pay additional compensation; If the employer still does not pay after being notified of the labor demolition and burning action, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility; Employees can also apply to the Labor Arbitration Commission for arbitration, and if they are not satisfied with the arbitration of Travel & Balance, they shall file a lawsuit with the court.

Legal basis]:

Article 26 of the Regulations on the Supervision of Labor and Social Security: If an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the employee's wages and remuneration, the difference between the worker's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable: (1) deducting or defaulting on the employee's wages and remuneration without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law. Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money.

Wages shall not be deducted or unjustifiably delayed. Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with law.

Legal Opinion] How to deal with arrears of wages after resignation: 1. Confirm the facts of the labor relationship with the unit, such as payslips, attendance records, and documents in the process of work. 2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.

3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. 4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation. Unjustified wage arrears refers to the employer's behavior of arrears of wages to employees without any legitimate or even reasonable reasons, and the Ministry of Labor's "Supplementary Provisions on Issues Concerning the Interim Provisions on Wage Payment" has made an exclusionary provision for "without reason":

Unjustified arrears of wages means that the employer fails to pay the employee's wages beyond the prescribed salary payment time without justifiable reasons. Excludes: the employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance; If an employer has difficulties in production and operation and its capital turnover has been affected, it may, with the consent of the labor union of the employer, temporarily overdue the payment of wages to the employee, and the maximum limit on the extension period may be determined by the labor and social security administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation.

In all other cases, unjustified arrears of wages are non-refundable. If you have any other questions, click "Consult Me" to consult and provide you with professional legal advice.

We need to ask for wages after leaving the company, which is an inevitable phenomenon, we can directly communicate with the company's stool lead guess finance when we leave, how to pay our wages, but we must keep good evidence, if the company defaults, you can go to the labor bureau to arbitrate.

If you do not pay your salary within three months after you leave your job, you can go to the local labor arbitration department to file a complaint, and they will intervene in it and ask for your salary.

After that, when you submit the resignation report again, you should talk to the boss about the salary payment between you, and see if it will be paid along with the general stream or settled for you at one time.

Employees leave the company normally, and the company should settle the wages in full and in a timely manner, and I am in arrears for any reason.