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Anonymous users2024-02-05Hello! First of all, I'm honored to answer this question for you, I'm in human resources. In fact, there are only two problems you encounter, one is the problem of signing an agreement with the company, and the other is the problem of not signing a new contract with the company after March 1st!
1. Contract issues: Why is the contract you signed at the beginning of 2007 informal, the new contract law emphasizes publicity and democracy, as long as the contract is true, it will be protected by the labor law, unless there is force, deception and other means to sign the contract can be arbitrated and invalid. Therefore, it is reasonable that the contract you signed at the beginning does not have the above situation!
2. Social contracting: The new labor law has clearly stipulated the obligations and responsibilities of employers for employees' social insurance; Our company is a relatively large group, and the same problem you have said, in order to circumvent the new labor law, the company asked us to sign an agreement to voluntarily terminate the original contract and waive compensation, and at the same time attach a new contract, which is reasonable and legal!
3. If the company dismisses you on the 26th, as you said, it depends on what the reason is; If you are seriously negligent in your work or prove that your ability is insufficient after assessment, the company should notify you 30 days in advance, and if you are allowed to leave at that time, you cannot be dismissed, it is called dismissal!
4. If you voluntarily leave on March 1st, you will not have any compensation, because you have signed an agreement with the company! But if the company doesn't sign a contract with you for unconvincing reasons, you will be compensated for 5 months' salary from October 2007 to March 2008!
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Anonymous users2024-02-041. If the company dismisses you now, you can get financial compensation, because the agreement on December 31 stipulates that a new labor contract will be signed on March 1, 2008, and the previous agreement is actually a transition between the new labor contract and the old labor contract, which also has legal effect.
2. The company can be compensated if it does not sign the labor contract, because the company has not fulfilled the agreement.
3. Voluntary resignation, no compensation. You can only be given the salary due.
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Anonymous users2024-02-03The company can't be dismissed.
If the dismissal is not justified, the company will pay liquidated damages.
Two or three months' salary.
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Anonymous users2024-02-02If you take the initiative, you can't, but if the company fires you.
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Anonymous users2024-02-01If there is an employment relationship, it should be counted and go to the arbitration department.
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Anonymous users2024-01-31Don't take the initiative and wait for the company to fire you
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Anonymous users2024-01-30Legal Analysis: Resignation and dismissal are different actors. Resignation and dismissal are different from policy support and policy constraints. The reasons for resignation and dismissal are different in nature. The procedures for resignation and dismissal are different. The financial benefits involved in dismissal and resignation are different.
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. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. 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.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
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Anonymous users2024-01-291. If the employee is dismissed by the employer without cause, the employee may apply for labor arbitration and require the employer to pay the arrears of wages, deposits, compensation for illegal termination, wages, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; The statute of limitations for labor arbitration is one year from the date of the employee's resignation.
2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, wage slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimony (resigned and in-service can be used), audio and video recordings of Li You or other written materials with your name and official seal or the boss's signature, etc.;
3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's industrial and commercial registration information or business license (registration information is not required in Beijing). After the case is filed, **, and then mediated, and the arbitration committee issued an award if the mediation fails.
Labor Contract Law
Article 39 The employer may terminate the labor contract if the worker 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 harm to the employer;
4) The worker establishes a labor relationship with another employer at the same time, which seriously affects the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;
(5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;
(6) Those who have been pursued for criminal responsibility in accordance with law.
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Anonymous users2024-01-281.The company has been restructured, shareholders or main operators have been replaced, etc., and they have been adjusted and resigned;
2.Quietly you left, just as you came quietly, you handed over a letter of resignation, did not take away a group of subordinates, it is really not interesting enough.
3.The degree of mutual trust between employees and leaders is poor, and it is not easy for employees to communicate with their superiors, and their ideas are not valued by their superiors.
4.disagreements with leaders on the company's philosophy;
5.The company's career planning for employees is not clear, and there is a large gap between employee promotion, training, salary increase, motivation, and personal expectations in terms of employee promotion, training, salary increase, motivation, and taking on more work responsibilities.
6.Leave, it's really a little hard to give, but not very disappointed, a little regretful, but not pessimistic. Because we have the consolation of hope for the meeting.
7.The interpersonal relationship of the enterprise is too complex, which leads to low mood and depressed mood of employees;
8.Silently you go, just as you go quietly, you pass the letter handed out of the exit, without participating in a subordinate, the real TM is not interesting enough.
9.My friend, we are going to separate for the time being, and I will not say anything more about "cherishing and cherishing". In this night that wants to go away, try to cast a few small morning stars; It doesn't have much light, but it makes the morning goer happy.
10.We are not friends and will not be separated, and we will say goodbye softly, and I am grateful in my heart for the deep friendship you have given me.
11.Feeling that there is limited room for personal development in the company;
12.The wind and the sun can't hide the low mood. I know that you will leave in the car, and I dare not say goodbye to you in person, so I will send a text message to bless you. I wish you all the best in the end! May you all go well, and sell Huai Ruyi!
13.The company has your contribution today, and the company needs your support tomorrow. The bridge is engraved with your contributions, and the company is proud of you. If you don't have socks, you will always be a member of the company.
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