Can I resign directly if I have not signed a labor contract during the probation period and have onl

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

Legal analysis: You can leave your job after explaining three days in advance. Although no employment contract has been signed, the Labor Contract Law stipulates that the employee and the employer have established an employment relationship from the date of employment, so they should still give three days' notice.

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

Article 19 If the term of the labor contract is limited to 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 less than 80 percent of the lowest 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.

If there is no written labor contract, it is an indefinite labor relationship, and the employee can terminate the labor relationship at any time. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

Legal analysis

Firstly, because the two parties have not signed a written labor contract, but only have a labor relationship, there is no violation of the labor contract, and secondly, even if the labor contract is concluded, during the probationary period, as long as the employer is notified three days before the resignation, the labor can leave freely, which is not considered a violation of the labor contract. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the regulations, and make up a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation. The starting date for the employer to pay twice the monthly salary to the employee is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

If the labor contract is not signed in time, the employer shall also pay the wages and benefits of the employee during the period of service, and if the employer does not pay, it may apply for administrative arbitration or judicial litigation to resolve the dispute.

Legal basis

Labor Contract Law of the People's Republic of China

Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with law; (4) The employer's rules and regulations violate the provisions of laws and regulations, harming the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.