In what cases, even if you resign voluntarily, the employer will have to compensate?

For example, if you are injured in the company in the line of duty, even if you voluntarily resign, the company will compensate you.

For example, if you are injured in the workplace, the employer will be liable for compensation.

During his tenure, the unit failed to act in accordance with the signed contract or the Labor Contract Law, and maliciously defaulted on wages.

If you are injured at work, the company will compensate you in accordance with the Labor Law.

Your work cannot be carried out due to reasons on the part of the company, and there is an agreement on compensation in the contract.

A certain degree of work-related injury that prevents the inability to continue to perform manual work at that level is due to the nature of the work of the employer.

It also depends on the contract you signed at the time, and there will be compensation.

The company didn't give them what they promised, and the company must be blamed for the resignation, and of course there will be corresponding compensation.

When you are injured at work, in which case you are unable to perform the job.

Legal analysis: If an employee voluntarily resigns due to personal reasons, there will be no severance payment, but if the employee is "forced to resign" due to the company's specific illegal behavior, the company needs to pay severance payment.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee terminates the labor contract in accordance with Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and renews the labor contract and the employee does not agree to renew it, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

There is no compensation for the voluntary resignation unit. If the employer is not at fault, there is no compensation for the employee's resignation. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance.

In general, there are three circumstances of resignation, and the employment relationship shall be terminated immediately in accordance with the law, such as the employer has forced the employee to work with violence or threats, and does not pay wages as agreed in the contract, etc., the employee may request the employer to terminate the labor contract at any time; According to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract; An application is submitted to the employer, and both parties agree to terminate the contract through negotiation.

Labor Contract Law of the People's Republic of China

Article 37.

The employee may terminate the 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 Laughter.

The employee may terminate the labor contract under any of the following circumstances:

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The employer's rules and regulations violate the provisions of laws and regulations and harm the rights and interests of workers.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. If it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, the worker shall be paid half a month's salary as economic compensation. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

The termination of the labor contract and the termination of the labor contract are different from the severance compensation, that is, there are many ways to terminate the labor contract, the employee proposes to terminate the labor contract by himself or violates the rules and regulations of the unit There is no compensation, the employee proposes it by himself, but it is coordinated by both parties, the unit shall pay severance according to the average salary of the previous year, the employee is incompetent for the job, the unit terminates the labor contract, it is to pay the severance payment, and the employee is not injured on the job. If the labor contract is terminated after the medical treatment period and after the labor ability appraisal, the medical expenses shall be paid in addition to the severance payment.

For the termination of the labor contract, the state-owned enterprise, or the employee was previously an employee of the state-owned enterprise, the employee must pay the living allowance in accordance with the provisions when the labor contract is terminated.

Legal basis

Labor Contract Law of the People's Republic of China

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the worker in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the laborer;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

(6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Legal analysis: If the employee voluntarily leaves the company and the company is not at fault, it does not need to be compensated, but it is necessary to pay the salary corresponding to the actual working time.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China The 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.

1) Failure 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) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers.

Legal basis] Article 47 of the Labor Contract Law, for the calculation of economic compensation, the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the company. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city level divided into districts where the employer is located, the standard of economic compensation to be paid to him shall be three times the average monthly salary of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination of the labor contract.

Legal Analysis: No compensation for voluntary resignation. The employer is not at fault, and the employee shall be in accordance with Article 1 of the Labor Contract Law.

Three. Ten. 7. Article 38 stipulates that after the regularization is regularized, the resignation procedures can be completed by notifying the employer in writing 30 days in advance, and there is no compensation for the erection of cherry blossoms.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; 2) Failure to pay labor remuneration in full and in a timely manner; 3) Failure to pay social insurance premiums for workers in accordance with the 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 specified in the first paragraph of Article 26 of this Law; (6. Songs) Other circumstances under which an employee may terminate a labor contract 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.