Workers Resigned Thirty Days In Advance But Were Deducted From Wages.

The workers submitted a resignation report one month ahead of schedule. When they left the company a month later, the company refused to give him his last month's salary, and the social security had been suspended for a month.

The company said employees were not employees from the day they submitted their resignation reports.

Is that so? Recently, Mr. Qin reflected his experience to this newspaper.

Mr. Qin told reporters that he worked in the company for more than 2 years, and signed a one-year labor contract with the company every year.

When he was hired by a company in July this year, he submitted a resignation report to the Department Manager in accordance with the regulations.

The manager talked to him and hoped that he could continue to work for the company, but when he saw his words, he agreed to his request and handed over his resignation report to the personnel department.

The personnel manager also talked to him and asked him to work hard in the last month, hand over the task to his colleagues and bring him a new band.

In the next month, Mr. Qin worked hard to bring the novice to his colleagues.

More than ten days ago, he finished the last bit of his work and went to the personnel department to get the work order after he had gone through the formalities.

The exit formalities were very successful. He also left the company smoothly to work in the new unit.

Who knows, on the payday, he did not get a cent in his salary card. What's wrong with it? He called the personnel manager of the former company, and the personnel manager said that he handed in his resignation report in July, and the company had already approved it, so he was no longer a company employee at that time, so he had no wages from that day.

The company no longer pays social security premiums.

Is it necessary for a month's work to be dried up? Is there any law in this respect? Mr. Qin wants to understand this.

As long as Mr. Qin is still serving the company, he has not officially left the company. He is still a company employee. The company still has to pay his wages to pay the social security fee.

Conversely, if the company does not want to pay Mr. Qin's last month,

In July, when it was approved to resign, he would issue a withdrawal form. Of course, Mr. Qin, who received the return order, would not be obliged to work for the company again.

Now it is illegal for a company to both work and pay.

Shanghai Zhao Hua labor security consulting company Dong Zhaohua believes that the law on the resignation of employees is clearly stipulated. The practice of such units is a deduction and must be corrected.

First of all, resignation is the right of workers. The labor contract law stipulates that a worker can notify the employer in writing thirty days in advance and may terminate the labor contract.

The employer can terminate the labor contract three days prior to the probation period.

Secondly, the unit agrees that the workers should resign without compensation.

The labor contract law clearly stipulates that the employer should pay the economic compensation to the laborers in one of the following situations: (1) the laborer shall terminate the labor contract in accordance with the thirty-eighth provision of this law; (two) the employing unit shall, in accordance with the thirty-sixth provision of this law, propose to the laborer to terminate the labor contract and unanimously rescind it with the laborer.

(three) the employer shall terminate the labor contract in accordance with the fortieth provision of this law; (four) the employer shall terminate the labor contract in accordance with the first paragraph of article forty-first of this law; (five) the employer shall terminate the fixed-term labor contract in accordance with the provisions of article forty-fourth of this law unless the employer maintains or improves the conditions stipulated in the labor contract for renewal of the labor contract, and the worker does not agree to renew the contract; (six) terminates the labor contract in accordance with the provisions of fourth and fifth of forty-fourth of this law; (seven) other circumstances prescribed by laws and administrative regulations.

Finally, there is labor relationship in the last month of the work of the employees. When he continues to work, how can he not pay wages and pay social security? Although the labor contract law clarifies the date of the establishment of the labor relations, there are many situations when the end date is determined.