I would like to solve the problems arising from the resignation and the company through labor law. A

One: 100% odds of winning. The state and labor law are still more inclined to the rights and interests of workers.

As long as you have a pay slip or a bank payment record from your employer, this is the strongest evidence. For this kind of complaint and report by the worker, the labor and social security department implements the method of counter-proof, that is, as long as you have a pay slip, they will investigate the company and let the company prove that you have no de facto labor relationship. So just report it, and it will definitely be successful!

Not to mention that you also have recordings and exit slips.

2: The company department signs a labor contract and does not pay insurance, which is already illegal. They can't prove that they actually signed a contract and paid insurance for you, so you just need to report that, first, you haven't signed a labor contract, and from the time you actually take up your job, your wage and labor department will force you to pay it according to the normal wage level.

Aren't you unwarrantedly deducted 800? If they can't come up with strong evidence, such as if you embezzled company property or made some big mistake, they have to return it. Two:

The labor department will force it to pay all the insurance premiums from the month of your official employment. And it will also compensate you twice for your losses. (I don't know this part very well, I see that some employees in our company are compensated for double wages, and some people negotiate to deal with the compensation for part of the loss caused by the failure to pay the insurance, an employee in our unit has a monthly salary of 1200, and he has not paid the insurance for two years, and later compensated him 20,000.)

This 20,000 yuan is in addition to the normal payment of wages and insurance to help her repay the compensation in the future. Because there is no labor contract and for the purpose of paying insurance, it is not known whether the specific double amount of this compensation is paid according to wages or insurance).

Three: There is no need to sue for any personal rights, you only need to show evidence to accuse them of not signing a contract and not paying insurance, which is a violation of your personal rights. Feel relieved.

For this kind of black-hearted enterprise, the labor and social security department will give you support.

Note: I am doing administrative personnel, our unit also has this kind of illegal operation, in this case, because the employee sues a quasi, so the unit will generally take a private settlement, so that you can lose less money, otherwise in fact, just pay a lot of money for insurance, and double compensation, encounter this kind of problem, since you have resigned, in fact, you don't have to be afraid at all, what you are afraid of is your unit.

According to the relevant provisions of the labor law, the company has to pay a certain amount of social insurance premiums for you, and the eight-hour working day is implemented for you, etc., if the company violates the relevant regulations, you can claim compensation. You can apply to the local labor arbitration structure for arbitration, and if the company's dismissal does not meet the requirements, you can ask it to compensate you for a certain amount of compensation.

The party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the Request for Arbitration. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award, and if one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

Don't worry, there is not much money, and it is clearly stipulated by the law, you can protect your rights and interests in many ways.

If you decide to leave your job, you don't have to worry about it, you have to pay social insurance premiums, and if you don't sign a labor contract, you have to pay twice your salary. As for the evidence of the chargeback, this is inverted, and you can ask the company to adduce evidence of your violation, and you can refute it.

1. If you do not sign the contract, you will be compensated for the 11 months' salary before you leave the company.2 Make up social security.

Hello, the employee did not resign one month in advance, which is a violation of discipline by the employee, but as long as the employee and the unit complete the handover and go through the resignation procedures, the unit needs to settle the salary with the employee. If an employee has a dispute with the employer due to wage issues, he or she can apply for labor arbitration to claim for rights protection. According to Article 37 of the Labor Contract Law, an employee 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 9 of the Interim Regulations on the 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. Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers.

If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 38 of the Labor Contract Law of the People's Republic of China stipulates that an employee may terminate a labor contract if the employer falls 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) Failing to pay social insurance premiums for workers in accordance with 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 in which the labor contract may be terminated as provided 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 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. Extended InformationArticle 39 of the Labor Contract Law of the People's Republic of China: The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

According to the different provisions of each chapter of the labor law, even if the general employee has not handled the resignation in accordance with the company's regulations, this is not worth the fuss, the labor law generally does not make any requirements and explanations for the resignation, and the company's rules and regulations have no effect on the resignation, if it is during the tenure, deliberately violate the relevant provisions of the company and handle the resignation, at most it is only to deduct the deduction for processing!

The labor law stipulates that the normal resignation should be applied for one month in advance, and the general unit stipulates that the work and goods should be handed over clearly when leaving the company, and in accordance with the above requirements, you can get the full salary after the resignation, if the handover is not clear, the unit will deduct a part, but the rest should be paid normally.

If the employee's regulations comply with the provisions of the Labor Law, the employee shall comply with the relevant provisions, and if the employer's regulations violate the relevant provisions of the Labor Law, the employee does not need to comply with the relevant provisions.

In the labor law, if the employee fails to resign in accordance with the company's regulations, then this situation depends on how the labor contract signed between the employee and the company is agreed, and if it is not implemented according to the agreement, it will bear certain liability for breach of contract.

Resignation should be done according to the contract, and there is a price to pay for violating the contract.

In this case, if you can't get your salary, if the company wants you to compensate for the loss, you have to pay obediently!

First of all, what to do if you fail to resign according to the company's regulations, of course, you have your own responsibility, and of course you will get your salary.

What is the company afraid of, if the employee leaves for reasons, it just so happens that the company does not have to pay the employee severance payment.

What should I do if an employee fails to resign in accordance with the company's regulations under the labor law? What should I do if an employee fails to resign in accordance with the company's regulations under the labor law? What to do exactly? I don't know.

OK. The employee's salary shall be paid by the employer until the date of termination of the employment relationship or the termination of the employee. If the negotiation fails, you may apply for arbitration.

If an employee resigns, if the employer endorses, he can request to settle the salary as soon as possible, and generally apply for resignation and leave according to the arrangement of the unit, and the salary must be settled on the day of resignation.

Legal basisArticle 19 of the Interim Regulations on the Payment of Wages.

In the event of a labor dispute between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is not satisfied with the arbitral award, he or she may file a lawsuit with the people's court.

1. What should I do if the company allows the employee to voluntarily leave the job?

1. If the employee is not at fault, does not seriously violate the company's rules and regulations, seriously damages the company's interests, etc., the employee can refuse and complain to the labor administrative department. If an employee is forced to resign as a result, he or she can claim double the compensation from the company.

2. Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. 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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

2. Can employees be compensated for voluntary resignation?

The employer shall pay economic compensation if the employee is forced to terminate the labor contract under the following circumstances, and there is no economic compensation for the resignation of the employee for personal reasons.

1. The employer fails to provide labor protection or working conditions in accordance with the labor contract, and the employee terminates the labor contract;

2. The employer fails to pay the labor remuneration in full and in a timely manner, and the employee terminates the labor contract;

3. The employer pays the wages of the employee below the local minimum wage standard, and the employee terminates the labor contract;

4. The employer fails to pay social insurance premiums for the employee in accordance with the law, and the employee terminates the labor contract;

5. The rules and regulations of the employer violate the provisions of laws and regulations, damage the rights and interests of the employee, and the employee terminates the labor contract;

6. The employer uses fraud, coercion or taking advantage of the danger of others to cause the employee to conclude or modify the labor contract contrary to his true intentions, and the employee terminates the labor contract;

7. The employer forces labor by means of violence, threat or illegal restriction of personal freedom, and the worker terminates the labor contract;

8. The employer violates rules and regulations by directing or forcing risky operations to endanger the personal safety of the employee, and the employee terminates the labor contract;

9. Other circumstances stipulated by laws and administrative regulations.

In French, it is called the worker's right of immediate termination.

1. Unlawful. According to the Labor Contract Law, such a "rotational break" by a company is equivalent to failing to provide working conditions to the employee in accordance with the regulations, so the employee can terminate the labor contract and receive economic compensation in accordance with the provisions of the Labor Contract Law.

Second, the issue is more complicated. Because it is absolutely legal for the company to ask the employee to change positions, and the employee himself does not agree, it seems to be a violation of the company's regulations, and the dismissal cannot be argued, and the compensation will not be paid. However, there are some cases that have to be treated differently.

3. There is no legal basis for receiving compensation before the termination of the labor contract. So your idea is beautiful but unrealistic. You can terminate your contract and receive compensation for the reasons you gave in the answer to the first question.