I found a good unit and want to resign from my original unit now, but I signed a contract and want t

1. You can terminate the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, without 30 days in advance and without approval, and you can leave immediately. In addition, the employer must also pay severance of one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.

2. The specific method is to write a notice of resignation, which is as follows:

The labor contract signed with the employer is from xx year xx to xx year xx month, because the employer violates the relevant provisions of the labor contract law, (such as not signing the labor contract, not arranging working hours in accordance with national regulations, not paying labor remuneration on time and in full, not paying overtime wages for overtime, collecting deposits, and not establishing national statutory social insurance for workers on time, etc., are all legitimate reasons for resignation. You can list one or both of them. In accordance with the relevant provisions of the Labor Contract Law, he hereby submits his resignation.

The employer is also requested to pay severance in accordance with Articles 46 and 47 of the Labor Contract Law; Handle the resignation formalities in a timely manner in accordance with Article 50 of the Labor Contract Law. Notice is hereby given.

Discuss and communicate with the new unit, saying that it is necessary to hand over and go through some procedures, and the things are handed over clearly, and you can rest assured that the general work handover is clear, and the original unit will release people, and it will not really drag on for a month. Remember to transfer the insurance or something.

You can resign in a hurry, and you may break some money.

If you go to the company to sign a labor contract and want to resign, you can go through the resignation procedures according to the statutory slag tolerance. After signing the contract with the employer, the employee shall apply for resignation one month in advance within the term of the labor contract; If the employer has illegal employment, the employee may terminate the labor contract immediately without prior notice to the employer.

Article 36 of the Labor Contract Law stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation. 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 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 those who are mobilized in Lao Ruzhou 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 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.

Summary. Secondly, according to the relevant regulations, the normal resignation procedure is as follows: if the employee is a regular employee, he needs to notify the employer 30 days in advance, and if he or she is on probation, he or she can notify the employer three days in advance. Secondly, if the employee resigns in an abnormal procedure and causes losses to the employer, the employer has the right to hold the employee accountable and deduct the employee's salary, but the deduction ratio shall not exceed 20% of the employee's salary or be lower than the local minimum wage standard after deduction. on 2022-06-29

I want to ask, after signing the contract, the contract says that the resignation should be said a month in advance, and I want to resign and leave immediately because of urgency, but the unit does not let me leave immediately on the grounds that the work needs to be handed over, can I leave immediately on the grounds that the salary on the individual income tax does not match the actual salary?

Hello, dear, I can fully understand your feelings, first of all, your question, if the company has violations, you can choose to leave, there is no doubt about this, secondly, according to the relevant regulations, the normal resignation procedure is like this, if it is a regular employee, you need to notify the employer 30 days in advance to resign, if the probationary period three days in advance notice of the employer to resign. Secondly, if the resignation is not in the normal procedure and causes losses to the employer, the employer has the right to hold the employee accountable and deduct the employee's salary, but the deduction ratio shall not exceed 20% of the employee's salary or lower than the local minimum wage standard after deduction, but if the company is at fault and then first, the employee can choose to leave at any time, the contract has been signed for one year, and I have not resigned for a month, but I just want to leave immediately, and the resignation letter has been sent to the leader in the form of a WeChat document. The reason for the resignation is that there is an urgent matter at home. I would like to ask if in this case I can just walk away without being held accountable.

If the salary reported by the unit does not match the actual salary reported in the individual income tax, the salary slip and the salary found in the individual income tax every month can be used as evidence.

Dear, yes, first of all, you don't have to worry too much about this issue, resignation is not illegal, but you need to perform the resignation procedure normally, secondly, even if it is an abnormal resignation, it is not against the law, and finally, as I said above, if the employer has a violation, the employee can leave the job at any time, and I am very sure, if I leave directly, the employer will not let me compensate me on the grounds that my work has not been handed over.

Dear, yes, yes, no, you can leave your job on the grounds that there are violations in the unit, so that you are in a reasonable position, the unit has no right to ask you for compensation, if I go directly here, when will the labor contract be terminated, will it affect my next signing of the labor contract.

Dear, you don't have to dwell on this issue, if you resign for this reason, you can terminate the contract at any time, and it will not affect your entry into the new unit, even if the reason written in my resignation letter is that there is an urgent matter at home, are you not afraid?

Dear, you don't have to dwell too much on this issue, yes, for sure, very sure, you don't have to dwell too hard.

Legal Analysis: If an employee has not completed the formalities for terminating the labor contract with the original employer, he or she cannot sign a labor contract with the new employer for the time being. If an employment contract is signed, the new employer shall be jointly and severally liable for the economic losses incurred by the original employer.

Legal basis: Labor Contract Law of the People's Republic of China Article 91 If an employer recruits a worker whose labor contract has not been dissolved or terminated by another employer, and causes losses to other employers, it shall be jointly and severally liable for compensation.

Legal Analysis: If an employee has not completed the formalities for terminating the labor contract with the original employer, he or she cannot sign a labor contract with the new employer for the time being. If a labor contract is signed, the new employer shall be jointly and severally liable for the economic losses incurred by the original employer.

Legal basis: Law of the People's Republic of China on Labor Closure and Closure Article 91 Where an employer recruits a worker whose labor contract has not been dissolved or terminated by another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

I don't think your friend can leave unless the money is deducted. This is because the Labor Contract Law clearly stipulates the rights and obligations between the employer and the employee. If an employee wants to resign, he must notify the employer one month in advance, otherwise it will be a breach of contract. When making your friends in the trial period can go.

Reasonable, in accordance with the provisions of the Labor Contract Law, during the term of the contract, the employee shall submit a written request to the employer to terminate the labor contract one month in advance. Otherwise, the employer may deduct one month's salary from the employee.

Not only is it unreasonable, but it is also illegal

Report it to the Labor Bureau.

It has been stipulated in the Labor Contract Law that the probationary period is three days in advance, and the non-probationary period is notified to the employer thirty days in advance. As for the amount of deduction, depending on your agreement at the time, it should only be a maximum of 20% of the salary, and you should go to the labor inspection to complain.

The Labor Contract Law stipulates that if you resign, you must submit a written application 30 days in advance, and you can also send a courier to your company, as for your company to deduct wages, there is no legal basis.

If it is unreasonable, if you are deducted money, you will directly go to the local arbitration department and file a complaint.

If it is unreasonable, you can go to the labor department to complain.