Joke Collection Website - Blessing messages - Is it reasonable to pay salary after leaving the company for three months?
Is it reasonable to pay salary after leaving the company for three months?
If the employee resigns, when the labor contract is terminated, the employer shall pay the employee all the wages in one lump sum.
If the salary is not paid in time, there are two ways to ask for salary: 1. Workers can go to the local labor bureau's labor inspection complaint point: the way is simple. Disadvantages: law enforcement in various places may not be very strong. 2. You can apply to the local labor bureau for arbitration and demand payment of wages. If no labor contract is signed, you can also ask for double pay for the unsigned labor contract. If the termination of labor relations is based on unpaid wages, you can also ask for economic compensation. Advantages: In addition to wages, you can also advocate economic compensation and double wages. And usually you can solve the problem in the end: applying for labor arbitration is a labor lawsuit, with more procedures and professional guidance.
Legal basis: Article 9 of the Interim Provisions on Wage Payment. If both parties to the labor relationship dissolve or terminate the labor contract according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.
Article 46 of People's Republic of China (PRC) Labor Contract Law is under any of the following circumstances. The employing unit shall pay economic compensation to the employee: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract in accordance with the provisions of Article 36 of this Law; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Unless the employing unit maintains or improves the conditions stipulated in the labor contract to renew the labor contract, and the employee does not agree to renew it, the fixed-term labor contract shall be terminated in accordance with the provisions of the first paragraph of Article 44 of this Law; 6) The labor contract is dissolved in accordance with the provisions of paragraphs 4 and 5 of Article 44 of this Law; (seven) other circumstances stipulated by laws and administrative regulations.
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