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Yes, the Labor Contract Law
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.
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Yes, the employee may terminate the employment contract by notifying the employer three days in advance during the probationary period.
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1. Can I leave directly after three days of resignation during the probationary period?
1. During the probationary period, the employee can leave directly after three days of resignation, and the employee's resignation three days in advance is a legal termination of the labor contract, and the employee can leave the job directly without the consent of the employer. If the resignation is not given 3 days' notice, it may cause economic losses to the employer, and the losses shall be borne by the employee.
2. Legal basis: Article 19 of the Labor Contract Law of the People's Republic of China.
If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
2. How long is the probationary period?
The length of the probationary period is generally determined on a case-by-case basis
1. If the term of the labor contract is three months to one year, the probation period shall not exceed one month;
2. If the term of the labor contract is one to three years, the probation period shall not exceed two months;
3. For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
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Legal and spring lead analysis: The probationary period proposes to leave directly after three days of resignation. After signing the labor contract, the employer shall be notified three days in advance of the termination of the labor contract during the probationary period. You can not come to work after 3 days of notification.
Legal basis: Article 37 of the Senfan Labor Contract Law of the People's Republic of China stipulates that an employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee can terminate the employment contract by notifying the employer three days in advance.
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Legal Analysis: No, if the employee resigns during the probationary period, the employee shall handle the work handover in accordance with the agreement after notifying the employer to terminate the labor contract three days in advance.
Legal basis: Labor Contract Law of the People's Republic of China
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract if he or she notifies the employer three 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. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the copy of the labor contract that has been terminated or terminated for at least two years for future reference.
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Legal Analysis: Yes, the probationary period only requires three days in advance to submit a resignation application. If the employer refuses to pay, the employee may file a complaint with the local labor inspection department or apply for labor arbitration to request the employer to pay the wages and travel.
Legal basis: Labor Law of the People's Republic of China
Article 31 A worker who terminates a contract shall notify the employer in writing 30 days in advance.
Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:
1) During the probationary period;
2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;
3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.
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Legal analysis: If you resign 3 days before the probationary period, you can leave directly, and the employer does not need to agree to terminate the labor contract at this time. If the employee resigns without giving three days' notice to the employer, the employee shall be liable for compensation for the economic losses caused to the employer.
Legal basis: Article 37 of the Labor Contract Law stipulates that an employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.
Article 90 of the Labor Contract Law If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.
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