Dongguan South China Gao Wei resigned without being paid

Resignation means resigning from the position. It is an act by the employee to propose to the employer to terminate the labor contract or labor relationship. There are generally three circumstances for resignation: First, the labor relationship is terminated immediately in accordance with the law. If the employer violently or threatens employees to force them to work, or fails to pay wages as agreed in the contract, employees can request the employer to terminate the labor contract at any time; second, The first is to notify the employer in writing 30 days in advance to terminate the labor contract based on the employee's own choice; the third is to submit an application to the employer and both parties agree to terminate the contract.

Before resigning from the company, the employees worked for the company and worked hard. The company should pay the employees corresponding labor remuneration, and the wages owed should be repaid. Failure to pay wages is an act of wage arrears and is illegal. You can report it.

1. Complain to the local labor inspection department, or call the hotline 12333.

2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.

3. Go to the local People’s Court to file a lawsuit and apply for a payment order.

Based on the "Labor Contract Law"

Article 30 The employer shall pay labor remuneration in full and in a timely manner in accordance with the labor contract and national regulations.

If the employer defaults or fails to pay labor remuneration in full, the employee 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 77 If the legitimate rights and interests of workers are infringed upon, they have the right to request the relevant departments to handle the matter in accordance with the law, or to apply for arbitration or initiate litigation in accordance with the law.

Article 85 If an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; if the labor remuneration is lower than the local minimum wage standard, it shall pay other If the balance is not paid within the time limit, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount payable.

Relevant information expansion:

When an employee resigns or terminates the labor contract with the employer, according to the "Labor Contract Law", the following situations usually occur:

1. Employer Under the circumstances of Article 38 of the Labor Contract Law in the unit, the employee can leave immediately after submitting a written proposal to terminate the labor relationship without the approval of the employer, and can request the payment of remaining wages and economic compensation (one payment for each year of work) monthly salary) and handling resignation procedures;

2. According to Article 37 of the "Labor Contract Law", employees who submit a written resignation 30 days in advance can resign without the approval of the employer. Among them, the probation period must be submitted in writing 3 days in advance; the employer is obliged to settle the salary and go through the resignation procedures.

3. The employer does not fall under Article 38 of the Labor Contract Law. If an employee directly submits a letter of resignation and leaves, the employer will suffer direct economic losses and expenses incurred in recruiting the employee. , the employer can require the employee to bear it.

Relevant laws and regulations:

"Labor Contract Law"

Article 37 The employee may notify the employer in writing 30 days in advance. Terminate the labor contract. The employee can terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:

(1) Failure to provide labor protection or labor conditions as stipulated in the labor contract ;

(2) Failure to pay labor remuneration in full and on time;

(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 specified in paragraph 1 of Article 26 of this Law;< /p>

(6) Other circumstances under which workers may terminate labor contracts under laws and administrative regulations.

If the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates the rules and orders or forces risky work that endangers the personal safety of the employee, the employee may immediately terminate the labor contract , without prior notification to the employer.

Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the worker:

(1) The worker shall comply with the provisions of Article 38 of this Law The labor contract is terminated;

(2) The employer proposes to the employee to terminate the labor contract in accordance with the provisions of Article 36 of this Law and negotiates with the employee to terminate the labor contract;

(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 Article 41, Paragraph 1 of this Law;

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(5) Unless the employer maintains or renews the labor contract by improving the conditions agreed in the labor contract, and the employee does not agree to the renewal, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.

(6) Termination of the labor contract in accordance with the provisions of Article 44, Item 4 and Item 5 of this Law;

(7) Other matters stipulated by laws and administrative regulations situation.

Article 47: Economic compensation is paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year.

If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

If the employee's monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people's government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.

Article 50: The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days.

Labourers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed.

The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for future reference.