The Workers' Wages Should Be Paid Off Once And For All When Relieving Labor Relations.

In July 2015, Yan Mou went to a food limited company to do the work of collecting materials, the monthly salary was 3900 yuan, and the two sides did not sign a written labor contract.

After a conflict with his colleagues, Yan submitted a resignation application to the company on 23 September 2015, and asked the company to pay 1500 yuan in arrears in August and 2640 yuan in 22 days in September, but the company did not pay.

In October 8, 2015, Yan Mou had to file a complaint with the local labor and personnel dispute arbitration committee.

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According to the trial, Yan Mou worked in the company and provided normal labor for the company.

The company should pay labor remuneration in time, and it can not be paid for wages without any reason.

When Yan and the company terminate labor relations, the company should settle wages in a timely manner and not to prevaricate on various grounds.

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"The fiftieth rule states:" wages should be paid to the laborers themselves in the form of currency.

The wages of labourers shall not be deducted or paid without cause. "

The ninth provision of the Provisional Regulations on wage payment stipulates: "labor relations shall be terminated or terminated according to law.

The employer shall pay the wages of the laborers once the labor contract is terminated or terminated. "

The final decision of the Arbitration Commission was paid by the company to Yan Mou for 1500 yuan in August and 2640 yuan in September for 22 days, which amounted to 4140 yuan.

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Comrade Ma: I resigned to the unit. As a result, the leader agreed to let me go, and told me to do a good job pfer.

I did everything, but at the time of settling wages, the unit also suggested that I did not give 30 days' notice in advance, so the relevant formalities had to wait and refused to issue the proof of cancelling the contract.

The question is, I have already looked for it at home. Is this not an obvious challenge to me? At that time, the leader promised me to go. Is this not a consensus? Is it right for the unit to do so? Can I insist on leaving?

Xiao Li, a reader,

Resignation often causes controversy. Here, I will introduce three opinions to you for reference.

First, the thirty-seventh provision of the labor contract law stipulates that workers can notify the employing unit in writing thirty days ahead of time, which can terminate the labor contract.

It can be seen from this clause that the employer of "advance notice" is the legal obligation of workers, and workers must not regard this as dispensable.

As a laborer here, we must be vigilant. There must be three evidences for the resignation of the resignation: first, the written resignation rather than the oral one; two, the service has been delivered to the unit, and the three is 30 days ahead of schedule.

Otherwise, if you encounter a unit, you will be passive.

Second, although according to the thirty-sixth provision of the labor contract law, the employer and the laborer can agree to unanimously agree on the labor contract, but such consultation is generally offered by the unit voluntarily, and it must also pay a certain amount of economic compensation.

As a matter of resignation, the unit generally does not have to pay any compensation, so how can the unit accept your contract of "consensus" under the premise of your resignation? Is it not asking for trouble? Of course, there is indeed the saying and practice of "agreeing to walk" immediately in real employment, but as a laborer, we must pay attention to the fact that the unit agrees to leave immediately without waiting for 30 days' evidence. Otherwise, how can we prove that the unit has already waived the obligation of 30 days notice in advance?

Third, as a laborer who has been looking for a better job, we must pay attention to the registration time of new units, at least leave a month ahead of time, otherwise it will be passive again.

At present, you have to consult with the new unit. You can only consult with the original unit, but at the moment, some units will "seize the fire", that is, the last month's wages will be deducted.

The problem is that if a worker is unwilling to lose a month's wages and insists on leaving, the unit will be held liable for breach of contract, so as a laborer, it must not be blind.

The fiftieth provision of the labor contract law stipulates that the employer should issue a proof of termination or termination of the labor contract when it terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within fifteen days.

That is to say, only when the worker is informed of the 30 days' notice in advance and the work handover is completed, will the unit start the process of reemployment and settle wages with the staff.