The settlement of voluntary resignation wages is an obligation that enterprises should fulfill according to law. According to China's labor law and other relevant laws and regulations, the settlement time of voluntary resignation wages mainly includes the following aspects:
Time of wage payment: According to the provisions of the Labor Law of People's Republic of China (PRC), employees should pay their wages according to the contract or the national regulations when they leave their jobs. The salary shall be paid and settled within 15 days after the employee terminates the labor contract. If there are no other regulations in the enterprise, the salary will be settled in one lump sum on the last day of the employee's work.
Payment time of compensation: For some special resignations, such as the expiration of the labor contract and the expiration of the probation period, the enterprise will pay the corresponding compensation according to the relevant regulations. The compensation shall be paid in one lump sum within 30 days after the employee terminates the labor contract. If there is an agreement, it shall be implemented in accordance with the agreement.
Handling time of labor relations dissolution procedures: when employees leave their jobs, enterprises should handle corresponding procedures in time, such as resignation procedures, salary settlement, overtime pay and so on. To ensure that employees' rights and interests are not lost. The processing time of these procedures should be completed as far as possible on the day of employee's resignation, so as to ensure the timely termination of labor relations.
The provisions of the settlement time of voluntary resignation wages may be different in different industries or regions, and enterprises need to follow the relevant laws, regulations and local regulations. At the same time, it should also be noted that enterprises that fail to settle employees' wages in time in accordance with relevant regulations will face corresponding liability for compensation and legal risks.
It is an important aspect of protecting the legitimate rights and interests of employees and maintaining the stability of labor relations to stipulate the settlement time of voluntary resignation wages. Enterprises shall settle accounts and go through formalities in accordance with relevant regulations to ensure that the rights and interests of resigned employees are protected.
Legal basis:
Article 47 of People's Republic of China (PRC) Labor Contract Law
Calculation of economic compensation The economic compensation is paid to the workers according to the standard of paying one month's salary every full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the two months before the dissolution or termination of the labor contract.
Article 50
After the compulsory labor contract of both parties is dissolved or terminated, the employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and handle the transfer formalities of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work is handed over to Changma.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.