The contract stipulates that within the probationary period, the resignation must be applied for te

Updated on workplace 2024-03-24
7 answers
  1. Anonymous users2024-02-07

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

  2. Anonymous users2024-02-06

    If you resign during the probationary period, you need to give 3 days' notice to the employer before you can terminate the employment contract. Although there is no reason to leave the job during the probation period, there is no restriction on the form, as long as you tell the unit 3 days in advance, it is better to do a good job of handing over the work, and it is more appropriate to leave the job after being recognized by the leader.

    Although employees are on probation, their basic rights should also be protected, and some employers often ignore the provisions of the Labor Contract Law by refusing to resign employees during the probationary period, or requiring probationary employees to submit their resignation applications 30 days in advance to settle the labor contract, as are regular employees, all of which are illegal.

    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 3 days in advance during the probationary period. ”

    Article 20 The wages of a laborer during the probationary period shall not be lower than 80 percent of the minimum wage for the same post in the unit 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.

    The above content reference: Daqing City, Heilongjiang Province, Duerbert Mongolian Autonomous County Court Network - resignation during the probation period needs to be a few days in advance.

  3. Anonymous users2024-02-05

    According to the provisions of the Labor Contract Law, the resignation during the probationary period and the termination of the labor contract need to be applied for 3 days in advance.

    In accordance with the Labor Contract Law of the People's Republic of China

    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 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.

  4. Anonymous users2024-02-04

    Resignation during the probationary period is notified a few days in advance.

  5. Anonymous users2024-02-03

    Hello, 3 days in advance in writing.

  6. Anonymous users2024-02-02

    Sometimes, if you find that the job is not suitable for you, many people will choose to resign, but the resignation requirements for regular employees and probationary employees are different, so how many days in advance of the resignation during the probationary period? According to the relevant provisions of the Labor Law, the employee can terminate the labor contract if he notifies the employer 3 days in advance during the probationary period.

    1. Can the employer dismiss the employee during the probationary period?

    An employer can terminate an employee during the probationary period only under the following 8 circumstances:

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

    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 employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer;

    5. The contract for the allocation of acres of labor calendar is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

    6. Being pursued for criminal responsibility in accordance with law.

    7. The worker is sick or injured not due to work, and cannot engage in the original job or work arranged by the employer after the prescribed medical treatment period expires;

    8. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment.

    2. How does the law stipulate the probationary period?

    1. The probationary period can only be agreed upon if the fixed-term labor contract is more than three months;

    2. If the term of the labor contract is less than 6 months (half a year), the probation period shall not exceed 15 days;

    3. If the term of the labor contract is from 6 months to one year, the probationary period shall not exceed 30 days;

    4. If the term of the labor contract is between one year and three years, the probationary period shall not exceed 60 days;

    5. If the term of the labor contract is more than three years, the probation period shall not exceed six months;

    6. The probationary period for newly hired civil servants is one year.

    7. If the labor contract is sold with the completion of a certain work task as the sales period or the labor contract period is less than three months, the probationary period shall not be agreed.

    8. The same employer and the same employee can only agree on a probationary period once. Even if you change positions, you cannot reschedule the probationary period. There is no provision in the law whether there is a probationary period for those who resign and then re-enter the company.

    9. If the labor contract only stipulates a probationary period or the term of the labor contract is the same as the probationary period, the probationary period shall not be established, and the term shall be the term of the labor contract. If you can leave your job within a few days during your probationary period, we also provide consulting services, and you are welcome to come and consult.

  7. Anonymous users2024-02-01

    Legal analysis: three days in advance. If an employee resigns during the probationary period, he or she only needs to give three days' notice to the employer to terminate the employment relationship, and does not need to give 15 days in advance.

    Legal basis: Civil Code of the People's Republic of China

    Article 562:The parties may terminate the contract if they agree with the Hu businessman. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

    Article 563:The parties may terminate the contract in any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt, and fails to perform the block within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

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