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Anonymous users2024-02-06Article 2 of the Opinions of the Ministry of Labor on the Enforcement of the Labor Law stipulates that: "As long as an employment relationship is formed between an enterprise or individual economic organization within the territory of China and a worker, that is, the worker has in fact become a member of the enterprise or individual economic organization and provides paid labor for him, the Labor Law shall apply." Therefore, even if there is no labor contract, but the de facto labor relationship is constituted, the Labor Law also applies.
Article 31 of the Labor Law of the People's Republic of China stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract. ”
Article 32 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;
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. ”
Therefore, the employment relationship can only be terminated if it complies with Article 32 of the Labor Law, otherwise, the employment relationship cannot be terminated at any time, and the employer shall be notified in writing 30 days in advance.
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Anonymous users2024-02-05If the employer has not signed an employment contract, or the employment contract has expired and has not been renewed, and the de facto employment relationship still exists, the employee may unilaterally submit his resignation to the employer at any time. However, in this case, the interests of the worker are generally harmed, such as the issue of compensation.
It is recommended to sign or renew the labor contract with the employer in a timely manner in order to protect the rights and interests of employees.
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Anonymous users2024-02-04Legal Analysis: Whether the de facto employment relationship can be terminated at any time. According to the provisions of the Labor Contract Law of the People's Republic of China, if the employer and the employee reach an agreement through consultation, the employer may terminate the labor relationship at any time, but the employer shall not unilaterally terminate the labor contract at will, regardless of whether it is a de facto labor relationship.
Legal basis: Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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Anonymous users2024-02-03Legal analysis: A de facto labor relationship can be terminated at any time, and an employment relationship is a legal relationship established between an employer and an employee. When an employer establishes an employment relationship with an employee, it shall sign a labor contract.
According to the provisions of the Labor Contract Law of the People's Republic of China, the employer and the employee can terminate the employment relationship at any time if they reach an agreement through consultation. However, regardless of whether it is a de facto labor relationship, the employer shall sign a labor contract, and the employer shall not unilaterally terminate the labor contract without authorization.
Legal basis: Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation.
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Anonymous users2024-02-02The de facto employment relationship can be terminated at any time, and the employment relationship is the legal relationship established between the employer and the employee. When an employer establishes an employment relationship with an employee, it shall sign a labor contract. According to the regulations of the Labor Contract Law of the People's Republic of China, the employer and the employee can terminate the labor relationship at any time if they reach a consensus through consultation.
However, the employer shall sign a labor contract, regardless of whether it is a de facto labor relationship, and the employer shall not unilaterally terminate the labor contract without authorization.
Legal basis: Labor Contract Law of the People's Republic of China Article 36 The employer and the employee may terminate the labor contract if they reach a consensus through consultation.
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