What to do if a teacher resigns during the probationary period

Nowadays, some unscrupulous bosses deliberately set up "probationary traps" to harm migrant workers, and migrant workers often "eat coptis chinensis and have a hard time talking" because they are not clear or ignorant of the rights and interests of the probationary period, so that their rights and interests are damaged. Therefore, it is important for part-time workers to remember their main rights and interests during the probationary period.

First, labor protection.

Employers shall provide workers with necessary labor protection articles and labor protection facilities. Prevent accidents and reduce hazards.

The second is labor remuneration.

It must be said that during the probationary period, there may be a certain gap between the skill level and the skill level due to the proficiency of the work, and it is normal for the salary level to be high or low due to Cangzhou Dianjiangtai. However, as long as the worker provides normal work during the statutory working hours during the probationary period, the employer shall pay the employee a wage not lower than the minimum wage.

The third is labor insurance.

During the probationary period, those who work in Quanzhou should enjoy the same rights to social insurance as other employees under the labor contract system. Employers shall not discriminate against them, and shall go through social insurance formalities for them in accordance with the law and pay relevant social insurance premiums for them.

Fourth, the labor contract.

During the probationary period, the migrant worker must sign a fair, just and legal "Labor Contract" with the employer. In this way, during the probationary period, once the employer finds that the employer has violated the contract, the employee can notify the other party to terminate the employment contract at any time, without any accompanying conditions. The employer shall not require the worker to pay the training fee, but shall also pay the wage for the actual number of days worked.

During the probationary period, once the employer finds that the employer has violated his or her rights and interests, he or she should not swallow his anger, but should courageously and promptly report and appeal to the labor inspection department or labor dispute arbitration institution to protect his legitimate rights and interests.

Can I quit my job at any time during the probationary period?

Legal analysis: If a teacher resigns during the probationary period, he or she only needs to submit a notice of resignation in writing to the labor and personnel department of the school 3 days in advance. Teachers who continue to work for 3 days can stop working on the 4th day of the school and have the right to request the school to go through the relevant procedures for resignation, and the school should handle it for the year of resigning.

The personnel of public institutions in China are divided into two parts: employees who have signed labor contracts with their units and employees who have not signed labor contracts with their units, among which the labor relations between employees who have signed labor contracts with their units and their units shall be governed by the Labor Contract Law of the People's Republic of China, and the labor relations between employees who have signed labor contracts with their units shall be governed by the Labor Contract Law of the People's Republic of China and the administrative regulations on adjusting labor relations. According to the Labor Contract Law, an employee may terminate an employment contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period.

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

Legal analysis: teachers can not resign at any time during the probationary period, resignation during the probationary period must be notified to the school three days in advance, and do a good job of handing over the work, the probationary period is also a signed labor contract, should be handled in accordance with the relevant provisions of the contract, to avoid breach of contract.

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

Article 19 Where the term of a 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.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Legal analysis: 1. Fill in the "Resignation Application Form" for new teachers who resign and submit it to the school for review or approval;

2. After the school approves the resignation application form and personnel files, it will be transferred to the talent flow service agency of the ** personnel cover department at the same level;

3. After signing the relevant agreement with the resigned, the talent mobility service agency will issue the resignation certificate to the resigned.

Legal basis: "Notice of the Ministry of Personnel on Relevant Issues in Implementation" Article 2 The specific procedures for resignation are: (1) The resignation applicant fills in the "Resignation Application Form", and the unit to which he belongs shall review or approve it in accordance with Articles 5, 6 and 7 of the Resignation Regulations.

2) The unit of the resignation personnel shall transfer their "resignation application form" and personnel files to the talent flow service agency affiliated to the ** personnel department at the same level (* * ministries and commissions, directly affiliated institutions outside Beijing, can be transferred to the talent flow service agency affiliated to the local ** personnel department), and after the talent flow service agency signs the relevant agreement with the resigned, the resignation personnel will be issued a "resignation certificate", and the "receipt" of the "resignation personnel file transfer notice" will be returned to the original unit of the resigned.