1. The employing unit has Article 38 of the Labor Contract Law, and the employee can leave the job immediately without the approval of the employing unit, and can request to pay the remaining salary and economic compensation (pay 1 year 1 month salary) and go through the resignation procedures. ?
2. If you don't leave your job 30 days in advance, the employer doesn't have Article 38 of the Labor Contract Law, and the employee will leave his job directly by submitting his resignation letter. At this time, you will violate the law, and the employer may require the workers to bear the direct economic losses and the expenses incurred by recruiting workers. ?
3. According to Article 37 of the Labor Contract Law, a worker can leave his job in writing 30 days in advance without the consent of the employer. Among them, the probation period is put forward in writing 3 days in advance; The employing unit has the obligation to settle the salary and go through the resignation formalities.
According to the "Interim Provisions on Wage Payment", article 18 labor administrative departments at all levels have the right to supervise the wage payment of employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
In view of the above:
First, the employer should sign a labor contract with the employee within one month from the date of employment, otherwise the employee can ask the employer for double wages.
Second, the employing unit shall pay the laborer's remuneration in full and on time in accordance with the labor contract, and shall not default or deduct it without reason. For the above situation, the laborer can negotiate with the employer. If negotiation fails, the laborer may complain to the labor inspection brigade or apply for labor arbitration.
Extended data:
Wage refers to the employer's timely and full payment of labor remuneration to workers in accordance with the labor contract and state regulations. In the first paragraph of Article 30 of the Labor Contract Law, wage arrears refer to the behavior that the employer defaults on the wages of workers, exceeds the time limit stipulated in the "Regulations on Wage Payment" of * * province, delays payment or fails to pay the wages of workers in full without legal or even reasonable reasons.
1. Article 90 of the Labor Contract Law stipulates that if a worker terminates the labor contract in violation of this law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, thus causing losses to the employer, he shall be liable for compensation (according to the internal arbitration regulations of Guangdong Province, if a worker leaves without saying goodbye and causes losses, the employer must bear the burden of proof).
Therefore, the employer has the right to investigate the legal responsibility of employees who leave without saying goodbye, but only if there is evidence that employees have lost tens of millions (it is difficult for individuals).
2. In practice, if the enterprise fails to terminate the labor contract in time, the employee violates the promise of continuing to perform the labor contract, or requires to pay social insurance during the period, the employer is likely to face the risk of losing the case. In the case of employees leaving without saying goodbye, the unit should actively perform the procedure of notifying the termination of labor relations to avoid possible disputes and risks.
However, in the actual operation process, many enterprises still failed to terminate labor relations in time. It is suggested that employees send a "reminder letter" in the form of ems (with the greatest legal effect) the day after leaving without saying goodbye.
Then send the notice of dissolving the labor contract according to the time agreed in the "Reminder Letter". If the labor relationship is not terminated in time, the enterprise will bear great risks during the period when employees leave without saying goodbye.
3. According to the Labor Law, the Labor Contract Law and the Regulations of Guangdong Province on Temporary Payment of Wages, etc. The employing unit shall pay wages in full and on time in accordance with the contract, and shall bear corresponding responsibilities if it illegally deducts wages or delays payment. When employees leave without saying goodbye, workers should not be deprived of the corresponding remuneration for their labor.
If the employer has the conditions to pay the remaining wages, it shall pay them in full and on time without destroying the employee's bank card. Only when there are obstacles to wage payment (for example, I can't contact without a salary card) can the employer suspend wage payment. In Guangdong province, the risk of withholding or withholding wages is increasing.
From the perspective of risk control, the employer shall promptly notify the workers to come and receive wages. If the laborer fails to receive the salary according to the notice, the employer shall not bear the responsibility of wage arrears.