When an employee leaves the company without following the normal procedures, the calculation and payment of wages becomes relatively complicated. This involves not only the interests of the company, but also the rights and interests of employees. The calculation and payment of wages in such cases will be explained in detail below.
First of all, we need to be clear that just because an employee leaves the company directly does not mean that the company can arbitrarily deduct their salary. According to the Labor Contract Law of the People's Republic of China, an employer shall pay the employee's wages in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. Even if an employee leaves the company, he or she is entitled to receive the corresponding salary as long as he or she completes the work in accordance with the employment contract.
However, in practice, companies may face some difficulties and challenges due to the direct resignation of employees without going through the resignation procedures. For example, the inability to accurately account for employees' days of attendance, overtime hours, performance, etc., can lead to inaccurate salary calculations. In addition,If an employee has committed a breach or caused a loss to the company before leaving the company, the company may also want to make up for the loss by deducting wages.
In such cases, the company should first get in touch with the employee to find out the reasons and wishes for the employee's departure, and try to reach an agreement with the employee. If the employee agrees to cooperate with the company through the termination process and provide the necessary attendance and performance data, the company can calculate and pay wages based on this data. If the employee does not agree to cooperate, the company can obtain the relevant data through legal means, such as querying the employee's attendance record, verifying attendance with colleagues or superiors, etc.
When calculating wages, the company shall follow the provisions of the labor contract and national regulations. Specifically, the calculation of wages should include the following aspects:
1.Basic salary: The basic salary of the employee shall be paid in accordance with the provisions of the labor contract.
2.Overtime pay: Overtime pay is calculated based on the employee's overtime hours and overtime pay standards.
3.Performance bonus: Pay performance bonus according to the performance of employees and the company's performance appraisal system.
4.Other benefits: Other benefits are paid according to the provisions of the labor contract and the company's welfare system, such as social security, provident fund, year-end bonus, etc.
It should be noted thatIf an employee commits a violation or causes losses to the company before leaving the company, the company has the right to deduct wages within the scope of law. However, the deduction of wages shall be in accordance with the provisions of the law and the provisions of the labor contract, and shall not be arbitrarily deducted or exceed the statutory limit.
If the company encounters difficulties or disputes in calculating payroll, it can be resolved through the following avenues:
1.Negotiate with employees: First try to negotiate amicably with employees to solve the problem of salary calculation.
2.Check relevant evidence: Check relevant evidence such as labor contracts, attendance records, performance appraisals, etc., to ensure the accuracy of salary calculations.
3.Seek legal assistance: If you can't reach an agreement with your employee or have a legal dispute, you can seek legal assistance or consult a lawyer.
4.Complain to the labor inspection department: If the company believes that the employee's resignation is suspected of being illegal or caused significant losses to the company, it can file a complaint with the local labor inspection department.
In conclusion, just because an employee leaves the company doesn't mean that the company can deduct his or her salary at will. The company shall comply with the provisions of the law and the provisions of the labor contract to pay the wages of employees in full and in a timely manner. At the same time, the company should also actively communicate and negotiate with employees to solve the problem of wage calculation and safeguard the legitimate rights and interests of both parties.