Termination of the employment contract How can I terminate the employment contract if the company vi

Under normal circumstances, an employee who wants to terminate the employment contract needs to notify the employer in writing 30 days in advance, but under special circumstances, the employee can directly terminate the employment without notifying the employer.

Article 37 A worker 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 A worker 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.

1.If you apply for arbitration, you must apply to the local labor bureau.

2.If the company underpays you, you can resign and claim severance under the Labor Contract Law, even if there is no arbitration.

3.There is a break during working hours, and it is not counted as working time. This one is legitimate.

4.The working time is the working time, and the preparation time for the work in the early stage is not counted as the working time. There's no way around this.

5.If an employee is assigned to work on a statutory holiday, he or she must be paid overtime at three times the usual wage.

6.Regarding marriage leave, many companies do not implement it, and the implementation standards vary from place to place. The statutory is 3 days of marriage leave.

The standards for late marriage leave vary from province to province. Varies from 5 to 25 days. If there is no agreement between the employer and the employee, the calculation base of the holiday pay shall be determined by 70% of the employee's monthly salary for normal attendance.

More specific information is needed.

1 Wait for the company to deduct it, and then say, if you don't deduct it, it's not illegal.

2 The guarantee is invalid.

3 It is possible to file for dismissal in this way, but no severance is claimed.

3 Not Legal.

4 Unlawful.

5. 3 times the statutory holiday, marriage leave, the original salary level.

1. The application for arbitration shall be submitted to the local arbitration commission within one year of the occurrence of the labor dispute.

2. If it is overtime wages, the arbitration is likely not to support it, and if it is determined that the employer has violated the law, you can propose to terminate the labor relationship.

3. In this regard, there is no particularly detailed explanation of the labor law, and it can be done in accordance with the standards of the employer.

4. The time for changing work clothes shall be counted as working hours.

5. The statutory holiday day shall be paid according to 300% of the usual salary, and the salary during the marriage leave shall be paid according to the usual salary, and the marriage leave shall be normally three days.

Legal Analysis: Can be Lifted; The employer may terminate the labor contract if the employee falls under any of the following circumstances: it is proved that the employee does not meet the employment requirements during the probationary period; Serious violation of labor discipline or the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the interests of the employer; Those who have been pursued for criminal responsibility in accordance with law.

If an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of the Labor Contract Law.

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

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period 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 or dissolution of the labor contract.

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.

If the employee does not have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer shall terminate the contract in violation of the law, and the employee may request the employer to pay compensation. At the same time, the employer may be required to make supplementary contributions to social insurance. Severance shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year.

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. Financial compensation is twice the amount of compensation. Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law. Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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 as 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 severance shall not exceed 12 years. For the purposes of this article, the term "monthly wage" refers to the average wage of an employee in the 12 months prior to the termination or termination of the labor contract. 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 cannot be continued to 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 stipulated in Article 47 of this Law.

Legal Analysis: According to the law of Zaosong economic compensation standard twice the standard, that is, according to the number of years of service in the unit, the economic compensation standard of one month's salary for each full year, the legal basis for the payment of compensation to the laborer: "Labor Contract Law of the People's Republic of China" Article 47 The economic compensation shall be paid to the laborer according to the standard of one month's salary for each year of the employee's service in the unit.

where it is more than six months and 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. 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 stipulated in Article 47 of this Law.