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The resignation of the employee shall be in accordance with the legal procedures, otherwise, the employee shall bear the losses caused to the employer.
Resignation is the right of the employee, and the employee may terminate the labor contract by consensus with the employer, or by giving 30 days' notice to the employer, and 3 days in advance of the probationary period.
Employees enjoy the right of termination with notice, and the consent of the employer is not required for the employee to exercise the right to terminate with notice.
Labor Contract Law
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
Article 37 A worker may terminate a 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.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of 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 workers;
5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
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Summary. According to the provisions of the Labor Law, if an employer deducts or defaults on the wages of an employee without reason, it may report to the labor department where the employer is located, and the labor administrative department shall order the payment of wages and remuneration and economic compensation to the employee, and may also order the payment of compensation.
The resignation in the factory was not approved. My salary was also deducted. What should I do?
According to the provisions of the Labor Law, if an employer deducts or arrears the wages of an employee without reason, it may report to the labor department where the employer is located, and the labor administrative department shall order the employee to pay wages and remuneration and economic compensation, and may also order Chunhe Zao to pay compensation.
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Summary. Dear , we are glad to answer that according to the provisions of the Chinese Labor Law, an employee can terminate an employment contract after giving one month's notice to the employer. However, if the employee does not come to work at the agreed time, the company has the right to deduct the corresponding salary.
Therefore, if the employee fails to show up for work, the company has the right to deduct the corresponding salary. If the employee notifies the employer in advance and comes to work, the employer is not allowed to deduct wages.
If you resign a month early when you work in a factory, will you deduct your salary if you don't arrive?
Dear, I am glad to answer that according to the provisions of the Chinese Labor Law, an employee can terminate an employment contract after giving one month's notice to the employer. However, if the employee does not arrive at work at the agreed time, the company has the right to deduct the corresponding salary. Therefore, if the employee fails to show up for work, the company has the right to deduct the corresponding salary.
If the employee notifies the employer in advance and comes to work, the employer is not allowed to deduct wages.
Kiss. According to the provisions of the Labor Contract Law of the People's Republic of China, if an employee terminates a labor contract, the written notice shall be given to the employer for a period of not less than 30 days, and the employee shall perform in accordance with the agreed method under the conditions otherwise agreed by both parties. Therefore, if an employee leaves the company one month in advance and prepares the employer, he has the obligation to fulfill the notice period prescribed by law.
If the employee resigns without authorization before the end of the notice period, it infringes upon the legitimate rights and interests of the employer, and the employer has the right to deduct part of the salary as liquidated damages. However, the specific amount deducted should be reasonable and cannot be arbitrarily withdrawn.
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Summary. Hello, I resigned a month early when I worked in the factory, and I couldn't deduct my salary if I didn't arrive. However, if the employee turnover system causes serious losses to the company, the employee needs to be held responsible. <>
If you resign a month early when you work in a factory, will you deduct your salary if you don't arrive?
Hello, I resigned a month early when I worked in the factory, and I couldn't deduct my salary if I didn't arrive. However, if the employee resignation system causes serious losses to the company, the employee needs to take responsibility. <>
Pro, employees who leave their jobs in advance but do not stay for a full month will not be deducted wages, and the salary of resignation for less than one month needs to be calculated according to the salary of the Japanese travel reputation and working hours. The employee violates the 30-day written notice rule. The resignation one month in advance is stipulated in the labor contract law, which is legal Oh, the legal basis:
Article 5 of the Law on Mediation and Arbitration of Labor Disputes, in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the person is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the labor dispute arbitration commission for arbitration.
I signed a contract in the factory, resigned early, and I won't deduct my salary if I don't leave, right?
Dear, if you don't arrive, you can't deduct your wages if you don't cause losses to the factory. <>
If Zhaochang causes losses to the factory waiter, you can deduct 20%.
Like dry goods in the factory, it is not considered a factory loss.
What does that mean, you can describe it in detail.
The factory said that it was very daring, and I resigned and left within a month, and I don't know if it was a loss to the factory.
This doesn't count, dear.
So how do I get paid?
Are you gone now?
It's only been a day since I resigned, and I'm a little unwell, so I won't ask for leave. He said that if he was sick, he would have to ask my hospital for a certificate before approving my leave.
Dear, if it's only one day, you'll need to pay for the cost of recruiting workers at the factory.
What is the production of recruiting workers.
Pro, labor costs or labor costs. You can also deduct 20% of your monthly salary. The rest should be paid for yours.
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Legal analysis: There is no legal basis for resigning from work and deducting money, which is an illegal practice. If the employee cannot be resolved through negotiation, the employee can apply for labor arbitration for disposal, and if he is not satisfied with the award, he or she can directly file a lawsuit with the people's court to request the people's court to protect the legitimate rights and interests of the employee.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, transformation, rescission and termination of labor contracts;
3) Disputes arising from dismissal, resignation, resignation, or dismissal;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation, and compensation or compensation;
6) Other labor disputes as defined by laws and regulations. Hidden.
Article 4 In the event of a labor dispute, the worker may discuss with the employer, or invite the labor union or a third party to jointly discuss with the employer to reach a settlement agreement.
Article 5 In the event of a labor dispute, if the parties are unwilling to discuss, the negotiation fails, or they do not perform after reaching the conclusion of the settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching the mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; A person who is dissatisfied with an arbitral award may file a lawsuit with the people's court, except as otherwise provided by this Law.
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