During the probationary period, the employee resigns whether he or she is not paid

When an employee terminates the contract during the probationary period, the employer shall settle the salary.

Wages are the remuneration paid by the employer to the employee in the form of money in accordance with the law, or the industry regulations, or according to the agreement between the employer and the employee. During the probationary period, the employee may terminate the contract by notifying the employer 3 days in advance in accordance with Article 37 of the Labor Contract Law. At the expiration of the three-day period, the employer shall go through the formalities for terminating the contract and settle the salary in a lump sum according to the employee's attendance.

Originally, the probationary period was the probationary period between the employer and the employee as agreed upon in the employment contract. However, the abuse of the probationary period by employers is more serious. The Labor Contract Law continues some of the provisions of the Labor Law on the probationary period, such as the probationary period is an agreed clause of the employment contract, and the parties may or may not agree on the probationary period; The probationary period is included in the term of the employment contract; The probationary period shall not exceed a maximum of six months.

At the same time, in view of the abuse of the probationary period by some employers in practice, such as excessively long probationary period, excessively low wages of employees during the probationary period, and arbitrary termination of labor contracts during the probationary period, the Labor Contract Law has made some new provisions that are different from the Labor Law

1. There are provisions on the correspondence between the duration of the probationary period and the duration of the labor contract, that is, 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. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

2. The same employer and the same employee can only agree on a probationary period once. When renewing the labor contract, the probationary period shall not be agreed upon regardless of whether the position is changed or not.

3. The probationary period shall be included in the term of the labor contract. If a separate probationary contract is not established, the probationary period contract is an employment contract and the employer is deemed to have waived the probationary period.

4. There is a new standard for wages during the probation period. The new law stipulates that 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.

5. Compensation shall be paid for illegal probation. The new law stipulates that if an employer violates the provisions of this law by agreeing on a probationary period with an employee, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the law, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the employee's monthly salary at the end of the probationary period.

That is, in addition to the salary of the probationary period, the probationary period shall also be paid as compensation.

Legal analysis: If the employee voluntarily resigns during the probationary period, the employee is paid, and the employer will pay the employer how many days he or she will work.

Legal basis: Wu Xing's Interim Provisions on Payment of Wages Article 9 When both parties to the labor relationship terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum when dissolving or terminating the labor contract.

There is a salary. If the labor is normally provided, there is a wage.

1. According to Article 40 of the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" issued by the Ministry of Labor, the employer may not pay severance to the employee if he terminates the labor contract (terminates the labor relationship during the probationary period) in accordance with Paragraph 1 of Article 32 of the Labor Law, but shall pay the wages according to the actual number of days worked by the employee.

2. According to Article 9 of the Interim Provisions on Payment of Wages promulgated by the Ministry of Labor, 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 a lump sum when the labor contract is dissolved or terminated.

3. If the unit does not pay wages, you can first complain to the local labor law enforcement inspection brigade, and they will supervise and inspect in accordance with the "Labor Security Supervision Regulations" and order corrections; If this is not possible, you can directly apply for labor arbitration to the labor administrative department to protect your legitimate rights and interests.

2. What should I do if the company does not pay wages if I resign during the probation period.

When wages are owed, if the employer does not sign a labor contract, if he wants to protect his rights, he must keep the following evidence: wage payment vouchers or records (employee payroll roster), records of payment of various social insurance premiums, "work permit", "service certificate" and other documents that can prove his identity issued by the employer to the employee, recruitment records such as the "registration form" and "registration form" filled in by the employee, attendance records, and testimony of other workers.

When an employer does not pay the wages due to the employee after resignation, it can be resolved in the following ways:

1.Negotiation between the employee and the employer;

2.Workers can file a complaint with the labor inspectorate or apply for labor arbitration to demand payment of wages

Labor inspection complaints are simpler, suitable for small wages, less disputes, and free of charge;

There are more labor arbitration procedures, which are suitable for more complicated or more wages, or if you need to apply for economic compensation and compensation, etc., and it is also free of charge.

3.Collect relevant evidence and ask for the help of a lawyer.

In this case, the amount of wages is calculated based on the number of days actually worked, and the payment shall be made after the completion of the formalities. If your employer does not pay you the salary during the probationary period, you can defend your rights through legal means and hold the employer accountable.

Summary. Legal basis: Article 20 of the Labor Contract Law of the People's Republic of China 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.

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.

Hello, legal destruction analysis: Is there a salary for resigning during the probationary period: Yes, there is a salary for resignation during the probationary period.

If a person resigns during the probationary period, the salary shall be paid according to the number of days worked. Chinese law stipulates that during the probationary period, the employer shall still pay wages in accordance with the regulations, and shall not be less than the minimum salary or 8% of the salary agreed in the labor contract.

Legal basis: Article 20 of the Labor Contract Law of the People's Republic of China stipulates that the salary of a person with a labor spine 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. 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.

During the probationary period, the employee may terminate the labor contract by notifying the employer with whom the employee is using the labor contract three days in advance.

[Legal Biqing Analysis].: Voluntary resignation during the probationary period is paid.

[Legal basis].Article 9 of the Interim Provisions on Payment of Wages shall pay the wages of the employee in full at the time of dissolution or termination of the labor contract in accordance with the law.

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of compensation paid to him before economic remorse 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.