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1. According to the current regulations, the resignation of a temporary worker is also required to notify the employer in writing three days in advance during the probationary period and 30 days in advance after the probationary period in accordance with the provisions of the Labor Contract Law, except for those that comply with the provisions of Article 38 of the Labor Contract Law.
2. Article 37 of the Labor Contract Law stipulates that an employee 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 employee may terminate a labor contract under any of the following circumstances:
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;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated 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.
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Temporary workers are available at any time.
The law stipulates that a temporary worker is a party to an indefinite employment contract.
Either party can terminate the employment contract at any time.
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The number of days in advance for a part-time employee to leave the job is based on the signing of the employment contract. If a temporary worker has signed an employment contract but is still on probation, he or she may resign after three days. Part-time workers who have signed an employment contract and whose probationary period has expired.
Temporary workers who have completed the probationary period may not leave their jobs until 30 days have passed. Temporary workers who do not have a contract resign. Temporary workers who have not signed a labor contract are not constrained when they resign and can resign at any time and leave on the spot.
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. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance of the dispersal search. Article 19.
If the term of the 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 one probationary period.
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.
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In real life, there are three types of resignation problems for temporary workers, and the departure time is different in each case: 1. Temporary workers who have signed a labor contract but are still in the probationary period resign. If such a temporary worker resigns, he or she should submit his resignation to the employer three days in advance in accordance with the provisions of the probationary period, and the temporary worker can leave the company three days after submitting his resignation.
2. Temporary workers who have signed a labor contract and have passed the probation period resign. Temporary workers who have passed the probationary period resign need to submit their resignation to the employer 30 days before the resignation, and they can only leave the job 30 days after submitting their resignation. 3. Temporary workers who have not signed a contract resign.
Temporary workers who do not have an employment contract are not bound by the contract when they resign, and they can resign at any time and leave on the spot.
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