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How can Xinya in Qixian deduct his salary without leave? He wants to resign, but the leader doesn't approve it. He can't stand leaving without leave.

Recommend related knowledge:

After resigning,

you can take away everything that belongs to you.

leave everything that belongs to the company.

those who refuse to hand it over are reported to the labor bureau, which will order them to hand it over.

If you really want to leave, submit a notice of resignation to your boss 31 days in advance. When the boss approves or disapproves, agrees or disagrees, you are called to leave according to law, and the consequences arising therefrom will be borne by your boss, which has nothing to do with you.

Resignation means resignation, which is an act that the employee proposes to terminate the labor contract or labor relationship with the employer.

There are generally three situations of resignation:

First, the labor relationship is dissolved immediately according to law. If the employer forces the employee to work by violence or threats, and fails to pay the salary as agreed in the contract, the employee can ask the employer to terminate the labor contract at any time;

Second, according to the employee's own choice, notify the employer in writing to terminate the labor contract 31 days in advance;

the third is to apply to the employer, and both parties will terminate the contract through consultation.

before resigning from the company, employees worked for the company and paid labor, and the company should pay corresponding labor remuneration for employees, and the wages owed should be reissued. If it is not paid, it is an act of wage arrears, which is illegal. You can report it.

1. complain to the local labor inspection department or call the hotline 12333.

2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.

3. Go to the local people's court to file a lawsuit and apply for a payment order.

according to article 31 of the labor contract law

the employing unit shall pay the laborers in full and on time in accordance with the labor contract and state regulations.

if the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.

article 77 if the legitimate rights and interests of laborers are infringed, they have the right to request the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.

article 85 in any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If it fails to pay within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 51% and less than 111% of the payable amount.

When a worker leaves his job or terminates the labor contract with the employer, according to the Labor Contract Law, there are usually the following situations:

1. If the employer has Article 38 of the Labor Contract Law, the worker can immediately leave without the approval of the employer after proposing to terminate the labor relationship in writing, and can demand to pay the remaining salary and economic compensation (pay 1 months' salary for every 1 years of work) and go through the resignation procedures;

2. According to Article 37 of the Labor Contract Law, workers can leave their jobs without the approval of the employer if they submit a written resignation 31 days in advance. Among them, the probation period is put forward in writing 3 days in advance; The employer has the obligation to settle the salary and go through the resignation procedures.

3. The employer does not have Article 38 of the Labor Contract Law, and the employee leaves directly after submitting his resignation letter. The employer may require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

Basis of relevant laws and regulations:

Labor Contract Law

Article 37 A laborer may terminate the labor contract by giving a written notice to the employer 31 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 38 If the employing unit is under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) failing to pay labor remuneration in full and on time;

(3) failing to pay social insurance premiums for workers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

if the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer can immediately terminate the labor contract without informing the employer in advance.

Article 46 Under any of the following circumstances, the employer 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 employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 41 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) The fixed-term labor contract is terminated in accordance with the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) the labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(7) other circumstances stipulated by laws and administrative regulations.

article 47 the economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the standard of paying one month's salary for each 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 a worker is three times higher than the average monthly salary of employees in the local area published by the municipal 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 the worker is three times the average monthly salary, and the maximum period for paying economic compensation to the worker is not more than 12 years.

the monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Article 51 The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities of transferring the relationship between files and social insurance for the workers within 15 days.

the laborer shall handle the work handover as agreed by both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it shall pay it at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Appendix: How to write a resignation letter

A resignation application usually consists of five parts: title, title, body, conclusion, signature and date.

1. Title

Write the name of the resignation letter in the middle of the first line of the resignation letter. Generally, the resignation letter is composed of the subject matter and the language name * * *, that is, the title is "resignation letter". The title should be eye-catching and the font should be slightly larger.

2. Title

It is required to write the name or title of the unit, organization or leader who accepted the resignation letter in the top box on the next line of the title, and add a colon after the title.

3. Text

The text is the main part of a resignation letter, and it generally includes three parts.

First of all, write the contents of resignation in a letter, and let people know it at a glance.

Secondly, the specific reasons for resignation by submitting letters are described. This content requires that the details of resignation be listed one by one, but attention should be paid to the singleness and completeness of the content, so that people can know it at a glance.

Finally, you should write down your determination to submit your resignation letter, your specific requirements, and the problems you want your leaders to solve.

4, the end

At the end, it is required to write the word "This is a salute" to show respect, the meaning is very clear: I salute you here.

there are two ways to write "this salutation"

the first way is to write "this salutation" in two spaces at the bottom of the text, and "salute" in the next line of "this salutation". It should be noted that there is no punctuation after "this letter" because this sentence is unfinished. "Salute" is followed by an exclamation point to show the sincerity and intensity of congratulations.

the second way of writing: write "From" immediately after the text (without punctuation), and write "Salute!"

The top case of "salute" here echoes the address of the addressee at the beginning, which is a continuation of the tradition of "looking up" in ancient letters. Ancient letters were written vertically, and the writing involved the name or address of the recipient. Everyone should mention the name or address of the other party to the next line to show respect. Its basic practice is absorbed by modern letters.

5. Signature

The signature of the resignation letter requires the name of the resignee and the specific date of submitting the resignation letter.

Pay attention to taboos

1. Don't speak ill of your boss. If you think it is necessary to reflect your boss's problems to management, try to put them forward orally in euphemistic terms.

2. Don't complain all over the paper and attack the company system.

3. Don't blame your colleagues, especially don't write your colleagues' "crimes" in black and white on your resignation letter.

Writing requirements

1. Sincere attitude and euphemistic wording.

2. Don't criticize each other.

3. Implicitness.

4. simplicity.

writing method

the first paragraph: write down the psychology of resignation (of course, it is not necessarily true, you can make it up yourself), and you can write some polite sentences. For example, after many considerations, I intend to quit my position ... or, due to family changes, I intend to apply for quitting my job. Therefore, the whole first paragraph can be written as follows:

Dear HR Manager:

Hello!

after careful consideration, I decided to resign from my position in the company. I know it is very difficult for you to make a decision.

Paragraph 2: Explain the time you consider to resign (although the company's human resources department will handle the resignation procedures according to a fixed resignation schedule after your resignation is approved by the company, this is not superfluous, and in most cases, you can get the time to leave early).

For example,

I'm considering leaving the company within 2-4 weeks after this resignation is submitted, so that you will have time to find a suitable candidate to fill the vacancy caused by my resignation. At the same time, I can also assist you in the induction training for the newcomer so that he can get familiar with the work as soon as possible. In addition, if you think it is more suitable for me to leave my job within a certain period of time, you might as well give me a suggestion or let me know as soon as possible.

Paragraph 3: Explain your accumulated experience in this company, and praise the company for cultivating you as much as possible (no matter how wronged and angry you are, you should not show it in your resignation letter).

For example, I attach great importance to my experience in ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

finally, please be sure to use your own signature, and the signature should be as strong as possible, and the date should be written.

Appreciating the beautiful writing of Niuren's resignation notice praised by thousands of people

1. Dear leaders:

It is said that the general trend of the world will be divided for a long time, and it will be divided for a long time! Although it comes from the ancient books of the Three Kingdoms, I think it is also beneficial to today's affairs.

Today, my husband is suffering from a century-old economic crisis. Look at the global economic situation. It can be said that there are many sorrows everywhere, people are in dire straits, and many manufacturers, workers and migrant workers are complaining bitterly. Some people feel this, and they can't help but think of their own situation. They are so sad!

Si Ben Buyi was born in poverty since childhood, and devoted himself to the land of xing zhou in the south of Hebei Province. He spared his life in this world, not wanting Wen Da to be rich, but seeking food and clothing to survive. However, the reality is cruel. It has been more than a year since I worked in our agency in early April last year. It has been several spring and autumn, several winter and summer, and time has passed more than 311 days and nights. Think at the beginning, Yu Ben was a passionate teenager, young and frivolous, with flying dreams. He wanted to show his ambition in our society. One was to add luster to the group, and the other was to add clothes and food to himself. Isn't it cool to kill two birds with one stone?

unfortunately, for a year, I didn't show my talents, and I was short of money, heavily in debt, scrimped and saved, and put an end to the party. There are friends who leave; Those who despise it have it; Those who spit on it, have it. It's all because a former excellent teenager lost himself completely. The company's monthly salary of 911 yuan is actually the result of the combination of basic salary, post allowance and meal allowance?

friends say, "I'm sorry, you are so unwise that you can tolerate it so far. What's the point of not dying?" I'm ashamed, I don't want to have a few more pieces of silver, and the sky is right, the ground is worthy, and the air is worthy in the middle; However, I was born in a peasant family, and I was able to endure all hardships. However, after all, I was in vain, conscientious, and hungry. My husband's face was actually senile. What is it? Beauty can't appear without food and strength, so it's like a swift horse. Although it can travel a thousand miles, it's helpless to starve to death. Although the company < P > is incompetent, it doesn't dare to pretend to be a swift horse, but it knows that it is not a mediocre person.

A man needs a skill to stand in the present world. Si has a low opinion of himself and dare not claim to be knowledgeable, but it is not a problem to deal with writing. However, for a year, every time I ask myself, I beat my chest, grabbed the land with my head, and wanted to shed tears. What is it? In the long night, I can't sleep alone, tossing and turning, and I look back on the past in my humble room, ashamed of my teacher as Yan Yuan, and ashamed of my classmates' giving me the crown and learning to bully me.

The word "clean" is the only word in husband's daily work today ... that is, cleaning the house, serving tea, wiping tables and chairs, welcoming and sending out, being hypocritical and polite, and dealing with "leaders". Day after day, month after month, since I was appointed, I have been sighing at night, conscientious, fearful, afraid of omissions and slacking off ... How sad it is to help my knees and sigh!

the peach blossoms wither in spring, and they are too hasty, and the years are like water, and suddenly they pass through spring, summer, autumn and winter. Looking back blankly, what geometry do you get?

lost geometry? Today, I have to make a brief inventory: income-material: I worked in December, 611 yuan a month in the first three months, and 911 yuan a month in the last nine months. For thousands of years, I have not been able to solve the problem of food and clothing, let alone dress and play, and live a quality life; Mentally: I have been hit hard, and I have mastered a new skill in the past year, that is, cleaning. My company is at least a seven-foot man, and he is an undergraduate graduate. He is not talented and should not be reduced to a cleaner.

Therefore, his youthful and frivolous heart was instantly old and lifeless; For a year, Simou has been passive about Nuo Nuo, serving others more than caring about himself. All he wants is food and clothing every day, but with the soaring prices, the solution to this problem is not available. Lost-lost time, wasted youth, worn away edges and corners, delayed good years, failed parents, brothers and sisters, and lost human dignity?

However, the only reason why a young man in his prime is so depressed that he is trying to persist until now is that he is just waiting for the legendary salary increase that everyone expects, and it is really pitiful for the enterprise to meet the needs of his life. I blame him for being young and ignorant and waiting for a year stupidly, but it failed after all.

There is no hope of paying off thousands of foreign debts, so I have an epiphany: this is the grave of young people, and its function is to bury dreams, bury youth, kill morale, destroy corners and waste time, and that's all. Therefore, Si Mou, who had an epiphany, will not spend time here today and go their separate ways.

if you say that the world is in a state of flux, you will be United for a long time, and you will be United for a long time! Since we don't leave Simou here, Simou can't continue to disturb your place. We can't cherish each other. Why don't we leave each other and forget each other from now on! With a decisive attitude!

I would like to ask the enlightened leader to allow the humble and incompetent employee to resign. Thank you very much!

years