employees have proposed to resign, whether they can’t adapt to the environment or find another job. In the attitude of getting together and relaxing, HR is generally not difficult for employees, but there are all kinds of birds when the forest grows, but they can leave as soon as they are promoted. Want to leave? I left without a little precaution~ Say hello to leave~ This not only provokes the company's system, but also affects the normal work of the business department. When encountering such an irresponsible employee, can the company deduct his salary?
What are the general resignations?
There are tens of millions of reasons for employee resignation, but there are only 4 types of dismissal of labor relations: consensus, notice of resignation, forced resignation, and illegal dismissal of employees . The following small salary is explained for everyone. .
01 Consensus
"The employer and the worker agree to dissolve the labor contract."
This is not to say, it is hello and me, we have discussed the breakup, then it is better to get together, time, break up fees, etc. Everyone can reach consensus.
02 Pre-announcement of resignation
"The employee can terminate the labor contract by notifying the employer in writing 30 days in advance. The employee can terminate the labor contract by notifying the employer three days in advance during the probation period."
This is the most common for employees The way of resignation, formal employees 30 days in advance and probationary employees 3 days in advance, the employer and the employee terminate the labor contract.
03 Forced to resign
"If the employer has one of the following circumstances, the employee can terminate the labor contract:
① failing to provide labor protection or working conditions in accordance with the labor contract; ② failing to pay labor remuneration in full and on time; ③ failing to do so in accordance with the law Workers pay social insurance premiums; ④ The rules and regulations of the employer violate the provisions of laws and regulations and damage the rights and interests of employees; ⑤ The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this law; ⑥ Laws , Administrative regulations stipulate that the employee can terminate the labor contract in other circumstances. "Z2z
The unit has fault, that is, the unit has a certain illegal situation, and the employee can propose to terminate the labor contract in response to the illegal behavior, which means that the employer is broken up.
04 Illegal termination
“Any employee who violates the provisions of this law to terminate the labor contract, or violates the confidentiality obligations or competition restrictions stipulated in the labor contract, and causes losses to the employer shall be liable for compensation.”
employees did not terminate the labor contract in accordance with the law contract.
have you encountered an illegal termination of the contract?
employees request to leave and ask to leave immediately. This situation can be divided into two types: unit agrees, unit does not agree.
The employee proposes to resign and expresses to leave immediately. If the unit feels that the employee’s resignation will not cause loss to the company, then go, and negotiates to terminate the labor contract ; if for various reasons, the unit does not approve the employee, the employee still leaves without saying goodbye. If the employee does not come to work for two days, it belongs to illegally terminated the labor contract , which is the fourth type of resignation mentioned above.
Some employees who understand the law and know how to use the method will adopt the method of forced resignation. The employer must be careful. Check the situation of forced resignation, how many shots have you been shot? After a calculation, about 90% of enterprises will fall into "failure to pay social insurance premiums for workers in accordance with the law." Don’t worry too much. According to the survey, the judicial caliber in most areas is: workers requesting the termination of the labor contract on the grounds that the unit has not paid the social insurance premiums in full and the unit pays economic compensation will not be supported. If the unit fails to establish a social insurance relationship for the worker in accordance with the prescribed insurance types, and the worker requests the termination of the labor contract and requires the unit to pay economic compensation, it shall be supported.
But what? You have entered the eyes of the relevant supervision department~ You can only write the employee's "unhandover work" on the employee's resignation certificate.
Can I deduct wages for illegal termination of labor contracts?
Before answering this question, we must first know under what circumstances is it legal for companies to deduct money?
"Interim Provisions on Wage Payment》Employing units shall not deduct wages of workers, except for personal income tax, social welfare, withholding alimony & alimony, etc., in addition to...
"If the employer causes economic losses to the employer due to the worker, the employer The unit may demand compensation for economic losses in accordance with the labor contract. The compensation for economic losses can be deducted from the worker’s own wages. However, the monthly deduction shall not exceed 20% of the worker’s current month’s wages. If the remaining wages are deducted Part of it is lower than the local monthly minimum wage standard, it will be paid according to the minimum wage standard.” In other words, in addition to the normal deduction of , the employer can only deduct losses when the employee causes losses to the employer, and the amount of deduction There are also restrictions.
In order to restrict such irresponsible employees, many units will indicate in the company's rules and regulations that "employees have to deduct one month's wages if they terminate the contract without one month's notice." However, the labor law does not allow units and employees to set illegal liabilities outside the law. The labor law stipulates that there are only two situations in which laborers can bear liquidated damages: laborers violate the agreement on competition restrictions, and laborers violate the training service period Agreed. That is to say, the agreement of "deducting one month's salary" in the corporate rules and regulations is invalid.
Unless you can prove that the employee’s hasty resignation has caused economic losses to the unit, you can ask for compensation, but it is really difficult to provide evidence in this regard.
What do you say about the small salary?
In the world of labor law, as an enterprise, the best way to evade is to take precautions. There are laws to follow when handling, and the initiative can be taken when not.
