How to calculate Flextronics' self leaving salary
The employer shall not dect the normal payment of wages as follows:
"labor law of the people's Republic of China"
Article 50 wages shall be paid to the laborer monthly in the form of currency. The wages of labourers shall not be dected or delayed without reason
Article 9 when both parties of labor relationship cancel or terminate the labor contract according to law, the employer shall pay off the wages of the workers in one lump sum when the labor contract is cancelled or terminated Article 15 the employer shall not dect the wages of the workers. In case of any of the following circumstances, the employer may dect the wages of the workers: (1) the indivial income tax withheld and remitted by the employer< (2) the social insurance expenses withheld and paid by the employer, which should be borne by the indivial employee< (3) the alimony and alimony required to be withheld in the court's judgment and ruling< (4) other expenses that can be dected from workers' wages according to laws and regulations
extended information:
If an employer withholds wages, it can apply for compensation according to law:
Article 91 of the labor law of the people's Republic of China
If an employer infringes upon the legitimate rights and interests of workers in one of the following ways, the labor administrative department shall order it to pay wages and economic compensation to workers, And can be ordered to pay compensation:
(1) dect or delay the wages of workers without reason
(2) refusing to pay the laborer for extending working hours (3) paying workers' wages below the local minimum wage standard (4) failing to give economic compensation to the workers in accordance with the provisions of this law after the termination of the labor contractIf a laborer leaves his job automatically within three days of the probation period, the employer should pay his salary. If the employer refuses to pay his salary, the laborer can make a complaint to the local labor supervision department or apply for labor arbitration to require the employer to pay his salary
if the employer has evidence to prove that the employee's resignation has caused certain losses, the employer can ask the employee for certain compensation< First, if you work for an employer, there are two ways to ask for wages:
1. Workers can complain to the local human resources and Social Security Bureau; Advantages: simple way. Disadvantages: local law enforcement may not be very strong
2. You can apply to the labor dispute arbitration committee of the local human resources and Social Security Bureau for arbitration and pay wages. If the labor contract is not signed, you can ask to pay double wages of the labor contract. If the termination of labor relations is based on arrears of wages, economic compensation can also be required. Advantages: in addition to wages, it can also advocate economic compensation, double wages, and so on, and generally can be solved finally; Disadvantages: the application for labor arbitration is a labor lawsuit, with a little more proceres, requiring professional guidance< Second, if you are working for an indivial, not including labor relations, you can directly go to the court to sue the indivial boss and ask for payment of labor remuneration.
Article 37 of the labor contract law of the people's Republic of China stipulates: "if a laborer notifies the employer in writing 30 days in advance, the labor contract can be terminated. The laborer may terminate the labor contract by notifying the employing unit three days in advance ring the probation period< Article 50 of the labor law: wages shall be paid to the laborer monthly in the form of currency. The wages of labourers shall not be dected or delayed without reason
Article 7 of the Interim Provisions on wage payment: wages must be paid on the date agreed between the employer and the employee< Article 85 of the labor contract law of the people's Republic of China: in any of the following circumstances, the labor administrative department shall order the employer 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, the difference shall be paid; If the employee fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of more than 50% and less than 100% of the amount payable:
(1) failing to pay the employee's labor remuneration in full and on time in accordance with the provisions of the labor contract or the provisions of the state
(2) paying workers wages lower than the local minimum wage standard< (3) arranging overtime work without paying overtime pay< (4) rescinding or terminating the labor contract without paying economic compensation to the workers in accordance with this law
Article 4 of the labor contract law, if a laborer cancels the labor contract in violation of the provisions or the provisions of the labor contract and causes losses to the employer, the laborer shall compensate the employer for the following losses:
(1) the expenses paid by the employer for recruiting the employee< (2) the training fee paid by the employer shall be handled according to the agreement if both parties agree otherwise< (3) direct economic losses caused to proction, operation and work
other compensation expenses stipulated in the labor contract.
The salary of self leaving should also be paid according to the actual salary, and the salary of not asking for leave should also be dected according to the actual absence days, and the employer still has the behavior of defaulting on the salary. If you have any objection to the salary, you can report it to the labor supervision department and conct labor arbitration
According to Article 2 of the labor arbitration law of the people's Republic of China, this Law shall apply to the following labor disputes between employers and employees 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, modification, cancellation and termination of labor contracts (3) disputes arising from delisting, dismissal, resignation and resignation (4) disputes over 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 or compensation (6) other labor disputes stipulated by laws and regulations Article 47 unless otherwise provided for in this law, the following labor disputes shall be subject to the final award, and the award shall have legal effect as of the date it is made:(1) disputes over the recovery of labor remuneration, medical expenses for work-related injury, economic compensation or compensation, which shall not exceed the minimum wage standard of the local people for 12 months
(2) disputes over working hours, rest and vacation, social insurance, etc. e to the implementation of national labor standards
extended data:
Article 9 of Interim Provisions on wage payment when both parties of labor relations terminate or terminate the labor contract according to law, the employer shall pay the wages of the workers in one lump sum when the labor contract is terminated or terminated
Article 15 the employer shall not dect the wages of the workers. In case of any of the following circumstances, the employer may dect the wages of the workers:(1) the indivial income tax withheld and remitted by the employer
(2) the social insurance expenses that should be borne by the indivial workers withheld and paid by the employer (3) the alimony and alimony required to be withheld in the judgment and ruling of the court (4) other expenses that can be dected from workers' wages according to laws and regulationsdid you sign the contract
if you sign the contract, then
according to the contract has the final say.