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1.You're in default.
2.The company thinks you're not creditworthy.
3.It will affect the signing of the labor contract of the next unit.
If the employee terminates the labor contract, he shall notify the company in writing 30 days in advance, and if the labor contract is in the probationary period, 3 days in advance, so as to terminate the labor contract.
Paragraph 2 of Article 17 of the Labor Law stipulates that "an employment contract shall be legally binding immediately and shall be binding upon the parties to perform their obligations under the labour contract." "Since the labor contract has been signed with the company, both the employee and the employer should fully perform the labor contract and not terminate the labor contract at will.
If an employee wants to terminate an employment contract, he or she must follow the legal procedures in accordance with Article 37 of the Labor Contract Law.
Article 37 of the Labor Contract Law stipulates that: "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 three days in advance during the probationary period. “
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Legal analysis: If a labor contract has been signed between the employee and the employer, if the employee leaves directly, and the employer has evidence to prove that the employee's resignation has caused certain losses to the employer, the employer may apply for labor arbitration and require the employee to pay certain compensation. Legal basis:
Article 90 of the Labor Contract Law of the People's Republic of China If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction specified in the labor contract, causing losses to the employer, he shall be liable for compensation.
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Consequences of the employee signing the labor contract and not doing it: If the two parties agree on training, confidentiality, and other matters of breach of contract that cause economic losses to the employer due to the employee's breach of contract, the employer may ask the employee for the breach of contract when the employee submits to resign, and the employee should pay attention to whether the liquidated damages agreed in the contract comply with the law. ”
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If the employer fails to conclude a written labor contract with the employee for less than one month from the date of employment, it shall pay the employee twice the monthly wage; If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.
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This is a breach of contract, and liquidated damages are required according to the contents of the contract.
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The employee shouted that the employee signed the labor contract, and the consequences of not doing it: If the two parties agree in the labor contract on training, confidentiality, and other matters of breach of contract that cause economic losses to the employer due to the employee's breach of contract, the employer may ask the employee for liquidated damages when the employee submits to resign, and the employee should pay attention to whether the liquidated damages agreed in the contract comply with the law.
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Consequences of the employee signing a bad contract and not doing it: If the two parties agree in the employment contract on training, confidentiality, and other matters of breach of contract that cause economic losses to the employer due to the employee's breach of contract, the employer may ask the employee for liquidated damages when the employee proposes to resign, and the employee should pay attention to whether the breach of contract agreed in the contract complies with the law. ”
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Legal Analysis: No. If the employee wants to terminate the labor contract, he or she needs to notify the employer of the milk purchase three days in advance during the probationary period, and if the probationary period has passed, he or she needs to notify the employer in writing 30 days in advance.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. A labor contract concluded in accordance with the law is binding and binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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Legal analysis: If you want to quit after signing the contract, you can apply for resignation in writing in advance.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China.
If the employee notifies the employer in writing 30 days in advance, the employee may terminate the labor contract. If the employee dismisses the employer three days in advance during the probationary period, the employee may terminate the labor contract.
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Legal analysis: If you don't want to go after signing the labor contract, you can negotiate with the employer and reach a consensus to terminate the labor contract.
Legal basis: Article 36 of the Labor Contract Law of the People's Republic of China stipulates that the employer and the laborer may terminate the labor contract if they reach a consensus through consultation.
Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.
In accordance with the Labor Contract Law.
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