If there are still 20 days left in the labor contract to expire, can I still resign?

If the employer proposes not to renew the labor contract with the employee upon the expiration of the labor contract, the employer shall pay the employee severance according to the wage rate of one month for each full year. If the employee meets the conditions of signing an indefinite-term labor contract, and the employer refuses to renew the contract, it is illegal to terminate the contract, and the employee shall be paid compensation at the rate of 2 months' salary for every 1 year of service.

1. If the employer proposes not to renew the visa, it shall pay the employee severance and pay one month's salary for one year of service; If the employee requests to renew the indefinite-term labor contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the labor contract illegally, the employer shall pay the employee compensation and pay 2 months' wages for 1 year of service;

2. If the employee does not renew the contract, there will be no severance unless the conditions stipulated in the new labor contract provided by the employer are increased.

Labor Contract Law

Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

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.

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

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

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.

The duration of an employment contract is divided into a fixed-term employment contract, an indefinite term, and an employment contract with a certain period of work being completed.

The contract states that you need to leave 30 days in advance, "but your current situation is that the contract is about to expire, and there are more than 20 days left."

The contract states that you need to resign 30 days in advance, "if you don't do this, it means that you have acquiesced to the renewal, and the provisions of the civil law on the employment contract are general provisions, and when there are no special provisions on the labor contract in the labor law, the provisions of the employment contract in the civil law shall apply." The employment contract stipulates that if the contract is for a limited period of time, the employee shall not resign from the employment without a legitimate reason, otherwise, the employee shall be liable for damages for breach of contract for the losses caused by the resignation.

Where an employer deducts an employee's remuneration without a legitimate reason, the total amount of the deduction shall not exceed a certain percentage of the remuneration payable for the current period (the proportion of which shall be prescribed by law).

There is no need to resign, the contract will be automatically terminated at the end of the contract, and you have the right to choose not to renew it. The employer is not allowed to seize any of your wages and personal belongings. If the employer withholds your salary or personal property, you can report it to the Labor Bureau or file a lawsuit in court.

Generally, it is a month in advance, but it is just a formality, and you will just say to the personnel that you will not renew the contract when you are about to reach the contract period. Generally, no money will be deducted.

Yes, so can negotiation.

Summary. 30 days in advance is required to terminate the labor contract in advance! If the contract expires, the company will sign a renewal contract with you in advance if it wants to renew the contract, and then choose not to renew the contract! You don't need to leave your job 30 days in advance!

After the expiration of the labor contract, is it necessary to go through the resignation procedures 30 days in advance?

If the employment contract expires in only one month, does the employee still need to notify the employer 30 days in advance if he does not intend to renew the contract?

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After the expiration of the labor contract, there is no need to go through the resignation procedures 30 days in advance. If the employee decides not to renew the visa, he or she does not need to submit an application for resignation 30 days in advance. If the labor contract is not renewed after expiration, it will be automatically terminated, and both parties can directly go through the procedures for terminating the labor contract without going through the termination procedures.

30 days in advance is required to terminate the labor contract in advance! If the contract expires, the company will sign a renewal contract with you in advance if you want to renew the contract. There is no need to resign 30 days in advance!

According to the regulations, before the expiration of the labor contract, the employer shall notify the employee in writing of its intention to terminate or renew the labor contract 30 days in advance, and go through the procedures for terminating or renewing the labor contract through negotiation. That is, whether to sign a contract, wait for the company to contact you to renew the contract, and then tell you not to renew the contract!

Article 31 of the Labor Law of the People's Republic of China stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract", which clearly gives the employee the right to resign, which is absolute, and the employee does not need any substantive conditions to unilaterally terminate the labor contract, but only needs to fulfill the obligation of advance notice (i.e., 30 days in writing to the employer). The General Office of the former Ministry of Labor also pointed out in the "Reply to Issues Concerning the Termination of Labor Contracts by Employees":

The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract. The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer. If the employee submits to the employer for the termination of the contract, the employer shall handle the application."

1. Do I need to compensate the company for losses if I resign a few days before the expiration of the labor contract?

On the one hand, the Labor Law gives employees the absolute right to resign, and on the other hand, it gives employers certain rights to claim compensation for losses. Article 102 of the Labor Law stipulates that "if an employee terminates a labor contract in violation of the conditions stipulated in this law or violates the confidentiality matters stipulated in the labor contract, and causes economic losses to the employer, he shall be liable for compensation in accordance with the law". Article 4 of the Measures for Compensation for Violation of the Labor Law on Labor Contracts clearly stipulates the scope of compensation:

If an employee terminates the labor contract in violation of the provisions or the provisions of the labor contract, causing losses to the employer, the employee shall compensate the employer for the following losses:

1. The employer recruits and employs the fees paid by the employer;

2. The training fees paid by the employer shall be handled as agreed by both parties if otherwise agreed;

3. Direct economic losses caused to production, operation and work;

4. Other compensation expenses stipulated in the labor contract".

After the employee voluntarily terminates the labor contract with the enterprise, some employees voluntarily leave the company after notifying the employer in writing 30 days later, ignoring the employer's claim for compensation, and the employer will not handle the procedures for transferring the employee's personnel relations and files, and the personnel relations and files of the employees will be retained in the original employer for a long time after the employee leaves the company; As a result, employees are unable to apply for labor insurance in their new work units, cannot go through the procedures for political examination abroad, affect the evaluation of technical titles, cannot further their studies and lose the opportunity to apply for the national civil service examination. Therefore, if an employee has a dispute with the employer regarding compensation for losses due to the termination of the labor contract, he or she shall promptly submit the dispute to the labor dispute arbitration commission of the region or county where the employer is located within 60 days.

If you resign at the expiration of the labor contract, you generally need to notify the employer 30 days in advance. The employee shall notify the employer in writing 30 days in advance, and may terminate the labor contract. Even if the contract expires, give both parties a certain amount of time to prepare.

If the labor contract expires and is terminated, the employee does not need to submit a resignation application 30 days in advance, and the labor contract will be terminated naturally after the expiration of the labor contract. In any of the following circumstances, the labor contract shall be terminated

1. The labor contract expires;

2. The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3. The worker dies, or is declared dead or missing by the people's court;

4. The employer is declared bankrupt in accordance with the law.

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of 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 employee may terminate the labor contract if they reach a consensus through consultation.

Article 37 of the Labor Contract Law of the People's Republic of China 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 40 of the Beijing Labor Contract Provisions stipulates that before the expiration of the term of the labor contract, the employer shall notify the employee in writing of its intention to terminate or renew the labor contract 30 days in advance, and go through the formalities for terminating or renewing the labor contract through negotiation.

If an employee wants to resign within the term of the employment contract, he/she needs to submit a resignation application 30 days in advance and inform the employer. If an employee resigns during the probationary period, he or she only needs to inform the employer three days in advance to receive wages and go through the resignation procedures. If there are statutory circumstances that harm the rights and interests of workers in Yanzhouming, the workers do not need to make a statement in advance and can leave their jobs at any time.

1. Can I leave my job directly after the expiration of the labor contract?

If the contract expires and is not renewed, you can leave your job directly, and you just need to hand over the work. The need to submit a written request for resignation 30 days in advance is a requirement for departing employees during the contract period.

Article 44 of the Labor Contract Law shall terminate the labor contract under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Circumstances of other arguments as provided for by laws and administrative regulations.

2. What is the employee resignation process?

1. In principle, employees should submit the written "Resignation Report" to the Personnel Administration Department 30 days in advance, and receive the resignation formalities. The Personnel Administration Department conducts exit interviews with departing employees to understand the reasons for their resignation and make records.

1) The resigned employee shall submit the resignation formalities to the head of the department for signature. Positions above the head of the department must be signed by the general manager.

2) The assistant of the department where the departing employee belongs will collect the work card, employee handbook, work clothes, and office supplies from the departing employee, and sign and confirm that the handover is correct.

3) The finance department shall check whether the departing employees and the company are in financial arrears (including loans, business trip reimbursements), and if there is any arrears, the financial department will sign and confirm the resignation form.

4) After the departing employee obtains all the required signatures on the resignation form, the Personnel Administration Department will issue a decision to the employee on terminating the labor contract with XX.

5) The Personnel Administration Department arranges personnel to go through the filing procedures for termination and dissolution of labor relations with the unemployment insurance agency; On the basis of the filing review opinion, go to the social insurance agency to terminate the social insurance relationship of the employee; At the same time, the provident fund of the departing employees will be sealed. If the departing employee needs to transfer the provident fund, the personnel administration department will transfer it according to the new account provided by it, and if it needs to be withdrawn, the employee will handle it by himself.

6) Within 30 days from the date of termination of the labor relationship, the Ministry of Personnel Administration shall go through the procedures for reviewing unemployment insurance benefits at the unemployment insurance agency.

7) The personnel administration department will re-file the files of the departing employees and settle the salary at the same time.

3. Can I get unemployment benefits if I resign at the end of the contract?

Voluntary resignation is not eligible for unemployment benefits.

Unemployed persons who meet the following conditions can receive unemployment insurance benefits:

1) Participating in unemployment insurance in accordance with regulations, and the unit to which they belong and themselves have fulfilled their obligation to pay contributions in accordance with regulations for one year or more;

2) Interruption of employment not due to the person's will;

3) Have been registered as unemployed and have a job search request.

Article 23 of the Labor Law.

The labor contract shall be terminated upon the expiration of the labor contract or the occurrence of the conditions for the termination of the labor contract agreed by the parties.