Ask a barrister to help you answer the question of resignation during the contract.

Termination of the labor contract is a right granted to the employee by Article 37 and Article 38 of the Labor Contract Law, and if you want to terminate the labor contract, you do not need to apply to the employer and the employer will approve it. The termination of the employment contract is your decision, and you only need to notify the employer in accordance with the law and prove that you have notified it in writing, then the procedure for terminating the employment contract is in accordance with the provisions of the Labor Contract Law, and you will not be liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer falls under one of the circumstances mentioned in Article 38 of the Employment Contract Law, you are not only not required to advance 30 days in advance, but can also claim economic compensation in accordance with Article 46 of the Labor Contract Law.

If the employer does not infringe upon your legitimate rights and interests, there is no economic compensation for you to terminate the employment contract. As long as there is no article 25 of the Labor Contract Law, it is illegal to stipulate that the liquidated damages to be borne by the employee are illegal.

After submitting the notice of termination of the labor contract, it does not matter whether it is approved or not, the key is to have someone sign for it as proof of the termination of the labor contract in accordance with the law, otherwise the bad unit will say that you have left the job voluntarily and have not submitted the resignation report, putting all the responsibility on you, and also finding an excuse for not paying your recent salary. If the employer does not pay your wages on the last day of work, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of wages and related economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.

1. I am .........If the employer infringes upon your legitimate rights and interests, it is better to state the reason so that it is convenient to present evidence later), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;

2. Please notify the company in writing (the notice must have a company seal, otherwise it is invalid) I hand over the work with someone on a certain day, if I do not receive a valid written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;

3. On the date of handover of work, please settle the salary and other related expenses stipulated in the Labor Contract Law in accordance with the provisions of Article 9 of the Interim Provisions on the Payment of Wages, and provide me with the certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).

For details of the time of payment of wages upon termination of the labor contract, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of the time of payment of severance payments, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, the employer may be required to pay additional compensation in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract.

Generally, if you resign for more than one year, you must notify the company one month in advance, as long as he accepts your resignation letter, you can also leave if he does not find anyone for a month. Legally, your employment relationship with the company is automatically terminated.

The Labor Contract Law clarifies that resignation is possible within the contract period, and it is the employee who gives one month's written notice in advance, and the employee who gives three days' notice during the probation period can leave. The rest of the laws are not supported. As for the two-month notice you agreed upon, this is your moral and personal problem, and you can even advance it by three months or four months.

But the law says you only need a month.

Hello, Article 37 of the Labor Contract Law stipulates that an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. Article 22 provides:

If an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

It can be seen that you can resign during the contract period, and if the company meets the requirements of Article 22, you need to pay liquidated damages if the labor contract you signed stipulates liquidated damages.

1. The employer can only require the employee to bear liquidated damages under two circumstances: 1. The employee has been specially trained and agreed to have a special service period (which is not the same concept as the term agreed in the labor contract). 2. The employee violates the confidentiality obligation or non-compete agreement.

In your case, the employer does not have the right to require the employee to bear liquidated damages. You can leave at any time after fulfilling the notification obligations described below.

2. During the probationary period, you can leave 3 days in advance, and regular employees can leave with 30 days' notice. (No consent from the company is required.) ）

For example, if your employer agrees on 2 months, it is against the law and is not binding, and it will be implemented as 1 month.

You can resign at any time.

3. In case of disputes, you can complain to the labor department or apply for arbitration until the lawsuit goes to court.

If the employee resigns within the term of the labor contract, he must apply 30 days in advance, sign and approve it with the company's leaders, go through the resignation procedures according to the regulations of the company's personnel department, do a good job of handover, and get the certificate of termination of the labor contract issued by the company at the end of the month before leaving the company.

Legal basis: Labor Contract Law

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties.

Legal Analysis: If an employee violates the relevant provisions of the labor contract by exercising the right to terminate the labor contract, causing economic losses to the employer, the employee shall compensate the employer for the losses caused thereby.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. A labor contract concluded in accordance with the law shall be binding on the employer and the employee, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

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

Friend: After a contract is signed, if something outside the contract is not recognized by the other party, it is invalid, and the court will not recognize it.

The other party does not act according to the contract, it is already a breach of contract, but he is in a strong position, I guess of course there will be no liquidated damages for him, although you knew this when you signed the contract, but in order to get a job or signed, right?

The lawsuit is playing evidence, and I seem to think that you didn't get the contract you signed, otherwise there would not be such a statement that "the contract says that there is a liquidated penalty for the unexpired contract, and I came back and sent an email saying that it was 10,000 violations". If this is the case, the problem is complicated, the other party has all the initiative, and you have no way to sue. So I'll tell you how to do it according to this assumption.

First, ask for the contract that belongs to you, which is your basic right, and it is okay if you can't get a copy of the original contract, and carefully check whether there are any unilateral additions or decreases in the above content;

Second, collect evidence of the other party's breach of contract, including the insurance, subsidies, etc. you said;

Thirdly, the other party is required to perform the contract and submit an application for resignation, if not, go to the local labor arbitration department (of course, the court is also OK) to apply to the other party to perform the contract, and terminate the contract in view of the other party's dishonesty. Hand.

If you don't want to do that, you have to be sure of the law, preserve the evidence, and be invincible. Bi Qiao did not write a written resignation on the grounds that the other party did not perform the contract, and terminated the contract on his own and waited for the other party to litigate.

I estimate that if what you say is accurate, the other party will not cause a lawsuit. As for the liquidated damages in the email, they are not in the terms of the contract, so you don't have to pay attention to them.

According to the new labor contract regulations, you do not need to pay liquidated damages in this case. That's for sure. If the unit doesn't have any documents, you can go directly. If the employer does not pay you wages, you can apply for labor arbitration.

If you leave your job without permission, the employer will treat you as a personal waiver of all benefits such as salary. You can resign according to the terms of the contract, 3 days in advance during the probationary period and 1 month in advance for the official one. In short, the employer has no right to force you to keep you and not let you go.

You have to settle your salary. But you must not leave your job on your own, and you can't do it without going through any formalities.

There will be no problems, as long as there is no financial loss to the company. The probationary period is a two-way choice, you only need to apply for resignation 3 days in advance, and you can leave the company to settle your salary.

If the employee submits his resignation to the company one month in advance, the employee generally does not need to pay liquidated damages.

It is sufficient to submit your resignation to the unit 30 days in advance (mainly to preserve evidence). You don't need to pay any liquidated damages, even if there are provisions in your previous employment contract.

Except for non-compete restrictions and professional training, which can stipulate liquidated damages, other employers are generally not allowed to agree with employees that the employees should bear liquidated damages. Therefore, you do not need to pay liquidated damages to the unit, you can submit a written application for resignation to the unit 30 days in advance, if the unit does not go through the resignation procedures, you can take the express delivery to send the written resignation application to the company, keep the receipt, and regard it as an application.

There is no penalty for liquidation, but you need to say hello one month in advance!

Under normal circumstances, employees need to apply in writing 30 days in advance for resignation, and they can handle the handover without paying liquidated damages.

1. If you resign in advance without following the contract, you will have to bear the corresponding losses for breach of contract.

2. If there is an agreement in the contract, as long as it is not illegal, it is a valid agreement, and it should have a statutory binding effect on the parties to the contract. They do not want you to compensate for this kind of deduction, there is no meaning and meaning of compensation on it, but it is only deducted from your labor remuneration, which is not illegal and does not infringe on your rights and interests, and is not improper.

3. Judging from your explanation, your company is really a regular enterprise that acts according to law, and you can only assume responsibility according to the contract, and there is no other way

1. Your understanding is correct;

2. There is no agreement on the "service period", and the employee can propose to terminate the labor contract in accordance with the law, and does not need to wait for the expiration of the term before leaving the job;

3. There is no "special technical training", and the service period cannot be agreed upon;

4. It is illegal for the company to pay wages only once a year, and it is even more illegal to deduct your visa and air ticket expenses;

5. It is recommended that you first propose to terminate the labor contract in accordance with the law (three days in advance of the probation period; 30 days' written notice after the probationary period), and then ask them to pay the corresponding wages in accordance with the law. If the employer ignores it, it may apply for labor dispute arbitration.

6. Welcome to continue communication.

According to Articles 31 and 32 of the Labor Law, an employee may terminate the labor contract at any time by notifying the employer under any of the following circumstances, but shall notify the employer in writing 30 days in advance: (1) during the probationary period; (2) The employer compels labor by means of violence, threats or illegal restriction of personal freedom; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

Under the law, you can terminate your employment contract immediately and demand full overtime pay. However, you need to present convincing evidence.

You can complain to the Labor Bureau that the unit violates the labor law to terminate the contract, and incidentally file a claim for overtime, and you can make concessions to terminate the contract in advance during mediation, so that your salary will not be deducted

You have to have evidence for everything, and you can't just say it without evidence, unless there are several workers together. Generally, I apply for resignation one month in advance, and there is nothing wrong with it.

In response to your questions, our lawyer provides the following answers:

1) The Labor Contract Law clearly stipulates that the employer can stipulate that the employee shall bear the liability for breach of contract, and your situation obviously does not belong to one of them, so it is illegal to stipulate that you shall bear the liability for breach of contract, and the clause is invalid;

2) If you don't want to do it, you can resign from the employer, and you can terminate the labor relationship at any time if the employer allows it; Or if the employer does not agree to your resignation, you can give 30 days' notice to the employer, and you can leave after 30 days. In these two cases, no severance can be claimed; In addition, if the employer has illegal acts such as deducting wages, arrears of wages, or non-payment of insurance, you can terminate the labor relationship at any time on this ground, and in this case, you can also claim economic compensation.