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What should I do if I deduct one month's salary for resigning? Is it legal to deduct one month's salary for resigning?

Time:2020-02-21Popular: Author: Editor

Resigning is a normal thing for companies and individuals. For some informal companies, if they are unable to recruit replacements and don't want you to leave, they will try every means to prevent you from leaving. For example, withholding wages is actually a complete violation of labor laws. Let’s take a look at what to do in detail.


What to do if you resign and deduct one month’s salary?

You cannot be vague about income.

1. For employees who resign normally, if there are no special requirements regarding non-competition, the salary that the employer needs to pay will be calculated until the employee's resignation date. Some units will also make up for the employee's annual leave and paid leave.

2. If the employee is dismissed by the employer, there will also be normal resignation, N+M, various situations.

3. It is very rare to hear that one month's salary will be deducted for resigning, but it cannot be ruled out that it is because it has caused heavy losses to the company, and one month's salary is used as a fine. If you are not at fault, then even if this situation is written in the contract, it is a violation of labor laws.

4. Apply for arbitration. The Labor Bureau will help you solve your situation. Don’t be afraid of trouble. For this kind of unit, be more serious.


Is it legal to deduct one month’s salary for resigning?

It is not legal. Employers may not withhold wages. It is illegal to withhold wages.

You should resolutely oppose the use of your boss to get a better salary, and strictly inform you that you will complain to the labor department about its illegal behavior. At the same time, if your boss deducts your salary and fails to pay despite the labor department’s order, you are also entitled to receive compensation of 50% to 100% of the deducted salary.


What to do if you can’t resign?

Situation 1: Your resignation letter is not approved by the boss.

According to legal regulations, formal managers must submit a resignation report 30 days before leaving the company, so 30 days after you submit your resignation report, you can leave legally even if the company does not agree. If companies continue to block and refuse to pay wages, they are breaking the law.

Situation 2: The leader is also willing to approve, but asks you to wait until new people are hired before leaving.

If you have no conflicts with your boss, and you are really not in a hurry, and everyone can get together and disperse easily, with a good intention, you can really wait, but you should also give yourself a time limit, such as 1 month or 2 months, and make it clear to the boss at the same time. If after this time limit, no one is suitable to take over, it is not that we are not being favourable, but that you did not do a good job in recruiting people. In this case, please refer to the second situation and force people to leave.


Tags: Resign   salary