The company has no efficiency to persuade employees to leave the job how many days in advance

How many days in advance of an employee's resignation is divided into three scenarios:

1. Terminate the contract by consensus according to the time of negotiation;

2. If the employer is at fault as stipulated in Article 38 of the Labor Contract Law, the labor contract may be terminated immediately;

3. In addition to the above two circumstances, 3 days' notice shall be given during the probationary period, and 30 days' written notice shall be given at the expiration of the probationary period.

Labor Contract Law

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

There are generally three situations for resignation:

1. Immediately terminate the labor relationship in accordance with the law, if the employer forces the employee to work with violence or threats, and does not pay wages as agreed in the contract, the employee may request the employer to terminate the labor contract at any time.

2. According to the employee's own choice, notify the unit in writing 30 days in advance to terminate the labor contract relationship.

3. During the probationary period, the employee shall notify the employer three days in advance of the termination of the labor contract, unless the employer has committed a faulty act as expressly provided for by law.

The resignation shall be terminated by notifying the employer three days in advance during the probationary period and 30 days in advance after the formal employment.

1. Definition of resignation:

That is, resignation is an act of the employee proposing to the employer to terminate the labor contract or labor relationship.

2. Methods of terminating the labor contract:

1. Normal resignation. According to Article 37 of the Labor Contract Law, an employee who resigns in writing 30 days in advance does not require the approval of the employer to resign. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the employee's salary and go through the resignation procedures.

2. If the employer violates the law first, such as failing to pay social insurance for the employee, arrears of wages to the employee, or failing to provide the employee with a job as agreed, the employee may resign immediately if the employee is forced to terminate the labor contract.

3. Illegal resignation of the worker. If the employee does not submit his resignation in writing 30 days in advance, and the employer does not have the circumstance provided for in Article 38 of the Labor Contract Law, the employee directly submits the resignation letter and leaves, which is a violation of the law by the employee.

3. Resignation steps:

1. Write a letter of resignation.

This is a must and the most basic step, the resignation letter, like the application letter, should have a certain format, and a qualified resignation letter must generally include the following: the reason for leaving, the period of resignation, the handover of work, and polite words to express gratitude to the company.

2. Talk to the supervisor in detail.

This is the most important step in the departure process, and it depends on whether your leave request will be approved and supported. Before talking to your supervisor, you must prepare a good reason for leaving.

If you are doing well at your job or are the backbone of the company, then your supervisor is likely to keep you in the conversation, and you must respond with appropriate language, find ways to make your position clear, and stick to your original intentions. Don't say goodbye, it's extremely irresponsible, and it will have a very bad impact.

3. Handover work.

Once the specific intention to leave has been negotiated with the supervisor and agreed, the transition should begin. When the company has not yet found a suitable replacement, you should continue to work hard to do your job well and stand on the last shift. And even after the person who succeeds you arrives, you still have to hand over the work at hand before you can leave the company to fulfill your last responsibility.

If there is no contract unit, the employee may be dismissed immediately in accordance with Article 39 of the Labor Contract Law; According to Article 40 of the Labor Contract Law, the employee is required to give 30 days' written notice in advance.

The employee can apply for labor arbitration to claim double wages for the unsigned labor contract, and can claim payment for up to 11 months.

Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

The Labor Law clearly stipulates that the employer shall sign a labor contract with the employee from the date of employment, and if it fails to sign it, it shall compensate the employee for double wages during the working period.

In addition, the dismissal of an employee shall be subject to 30 days' written notice, with the consent of the employee, and compensation for certain losses before the employment relationship can be terminated. Except for the expiration of the labor contract.

Take a closer look at the Labor Code

According to Article 32 of the Labor Law, which stipulates that "an employee may terminate the labor contract at any time by notifying the employer under any of the following circumstances: (1) during the probationary period", you have the right to terminate the employment relationship with the company at any time without the consent of the company, which is the right granted to the employee by the Labor Law. Therefore, if you feel dissatisfied or unsatisfactory and want to resign during the probationary period, you can be exempt from the "7 days' notice to the company" rule.

In fact, there is no need for you to worry about not being able to prove your work experience in the company because "the company does not give pay slips, does not punch cards, etc.", and you can refer to the following documents when determining the existence of labor relations between the two parties because the employer has not signed a labor contract with the employee

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" of the employer filled in by the worker.

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be handled by the employer with the burden of proof".

As for "the company says that you will deduct money if you don't work for a month", it is illegal, and you should be paid a salary according to the ten days you work.

The legal basis is: "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China"40 If an employee terminates a labor contract in accordance with Article 32 (1) of the Labor Law, the employer may not pay severance but shall pay wages according to the actual number of days worked. ”

However, since you work for a private employer, you can negotiate and communicate with your boss. In order to prevent the boss from changing the negotiation result due to the inability to recruit people for a while, it is best to form a written resignation form and sign it for confirmation by both parties.

If your boss doesn't want you to leave early, or 30 days early, it is recommended that you use your phone to quietly make a backup of the recording for later evidence.

30 days in advance. If the employer stipulates that the employee must write a resignation application one month in advance, the employee needs to comply with it, and the employee only needs to notify the employer in writing one month in advance to terminate the employment relationship. No money will be deducted.

If the employer has not signed a labor contract with the employee, the employee may request the employer to pay double wages.

There are three ways to deal with pension insurance after resignation:

Method 1: Pension insurance stops paying, the payment period is interrupted, and the accumulation of personal accounts is stopped, but as long as the time is not long, it will have little impact on the future, and the cumulative payment will be completed for 15 years.

Method 2: Pay in full by the individual, that is, pay the part of the past together with the enterprise without interrupting the payment, and pay it for 15 years, but it is not cost-effective for the individual to bear a heavier burden.

Method 3: Find a new employment unit to go through the social security transfer procedures and continue to pay according to the original account, no need to make up the payment, but it cannot be refunded.

Resignation is required in advance, but the situation is as follows.

1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require the approval of the employer to resign. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, the employer may claim to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

The employee can mail the notice of termination of the labor relationship (resignation letter, resignation report) to the employer by courier or ** letter, so as to facilitate the preservation of evidence. If the employer does not pay the employee's wages or does not go through the resignation procedures for the employee, it may apply for labor arbitration.

Generally, if it is deducted 1 month in advance, you can go to the labor bureau to appeal.

The probationary period is three days in advance, and the regular employment period is one month in advance. The employer does not have the right to deduct wages. If you do not sign an employment contract, you can claim double wages.

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Generally a month.

Wages must be paid.

Transfer the insurance.

Didn't sign the contract, 3 days in advance.

Signed a contract, 1 month in advance.

1. If the labor contract is not signed, according to Article 82 of the Labor Contract Law, the employee has the right to request the employer to pay double wages and economic compensation;

2. According to Article 37 of the Labor Contract Law, the employee may terminate the labor contract without compensation if he notifies the employer in writing 30 days in advance;

3. If it is illegal to pay wages or overtime pay in full, according to Article 46 of the Labor Contract Law, the employee has the right to request the employer to pay economic compensation;

4. If you have not paid social security, you can ask the unit to make up the payment;

5. If the unit refuses, it can apply for labor arbitration.

6. If there is no evidence, you can make a ** recording.

7. If you resign, you have the right to ask the original employer to transfer you to social security.

The situation you said is that there is no contract, but there is insurance for you, and the insurance is that the insurance company came to your company and discussed with your boss, which is generally like this, for example, the bank comes to the company to apply for a credit card, which is a nature.

First: it depends on you, you can do it for a few days if you want to, but my suggestion is a week in advance, because you've been with them for a year, and you're kind of emotional, right?

Second, if you talk to the company about the time of departure, which is not very sudden, he will not deduct your money, because your work is not completed, and the company's interests have changed, and the money may be deducted.

Third: you can take it with yourself hehe.

If you don't quit a month early, you just quit doing it, is it okay?