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1. Employees who resign must notify the employer in writing 30 days in advance: 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.
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 applies to the employer for the termination of the labor contract after 30 days, the employer shall handle the formalities."
2. The employer has a certain right to claim compensation for losses: Article 102 of the Labor Law stipulates that "if an employee terminates the labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters agreed in the labor contract, and causes economic losses to the employer, he shall be liable for compensation in accordance with the law".
If the employee terminates the labor contract in violation of the provisions or the provisions of the labor contract, and causes losses to the employer, the employee shall compensate the employer for the following losses: 1. The expenses paid by the employer for recruiting and employing the employee, 2. The training expenses paid by the employer, and if the two parties agree otherwise, 3. The direct economic losses caused by production, operation and work, and 4. Other compensation expenses as agreed in the labor contract.
3. If there is a dispute, it should be submitted to labor arbitration in a timely manner: after the employee takes the initiative to terminate the labor contract with the enterprise, some employees take the initiative to leave the company after 30 days of notifying the employer in writing, ignoring the employer's compensation claim, and the employer does not handle the personnel relations and file transfer procedures for the employee. They are not allowed to pursue further studies and lose the opportunity to apply for the national civil service. Therefore, in the event of a dispute with the employer regarding compensation for losses due to the termination of the labor contract, the employee shall promptly submit the dispute to the labor dispute arbitration commission of the region or county where the employer is located within 60 days after the dispute is raised.
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1. First of all, it can be made clear that there is no such thing as a rush resignation in the labor law;
2. According to the law, the employee may terminate the 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.
3. Even if you leave your job immediately, the employer should not deduct the salary you deserve.
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Hello, I am the cooperating lawyer of the consultation and have received your question.
Hello, the provisions of the labor law on emergency resignation are that employees can leave their jobs in advance if they are unwell and incompetent for this job. If the employer does not agree to the employee's resignation and the employee insists on resigning, the employee must notify the employer in writing 30 days in advance, and the employee can naturally terminate the labor contract with the employer after 30 days of notification. ”
2. Regular workers after the probationary period shall notify the employer in writing 30 days in advance. 3. If you negotiate with the unit, you can resign within the agreed time.
2. Provisions on resignation in the Labor Law: 1. The employee and the employer shall terminate the labor contract through consultation. Article 24 of the Labor Law stipulates that a labor contract may be terminated upon the consensus of the parties to the labor contract.
2. The employee unilaterally terminates the labor contract. According to Article 18 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, one of the following circumstances applies: (1) the employee and the employer reach an agreement through consultation; (2) The employee notifies the employer in writing 30 days in advance; (3) The employee notifies the employer 3 days in advance during the probationary period; (4) The employer fails to provide labor protection or working conditions in accordance with the labor contract; (5) The employer fails to pay the labor remuneration in full and in a timely manner; (6) The employer fails to pay social insurance premiums for the employee in accordance with the law; (7) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; (8) The employer uses fraud, coercion or taking advantage of the danger of the employee to cause the employee to conclude or modify the labor contract contrary to his true intention; (9) The employer exempts itself from statutory liability and excludes the rights of the employee in the labor contract; (10) The employer violates the mandatory provisions of laws and administrative regulations; (11) The employer forces the worker to work by means of violence, threat or illegal restriction of personal freedom; (12) The employer violates rules and regulations by directing or forcing risky operations to endanger the personal safety of employees;
Hello, is there anything else you need my help with? If you have any questions, I'll be happy to help you with any questions.
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If the employee resigns in a hurry, the new labor law stipulates that wages will not be deducted, but the employee may have to compensate the employer for the losses caused. When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages to be settled in a lump sum at the time of dissolution or termination.
[Legal basis].
Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment relationship terminate or terminate a labor contract in accordance with the law, the employer shall pay all the wages of the employee to be settled in the employer in a lump sum at the time of dissolution or termination.
Min carries the letter.
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The Labor Law stipulates that if an employee terminates a labor contract, he or she shall notify the employer in writing 30 days in advance, and if the employee terminates the labor contract in violation of the conditions stipulated in the Labor Law or violates the confidentiality matters agreed in the labor contract, and causes economic losses to the employer, he shall be liable for compensation in accordance with the law.
1. What are the circumstances of breach of the labor contract?
1. Breach of contract by the enterprise.
1) The employer deliberately delays the conclusion of the labor contract or terminates the labor contract in violation of statutory or agreed conditions;
2) The wages paid by the employer are in default or lower than the local minimum wage standard;
3) The employer violates the provisions of laws and regulations and the provisions of the labor contract by failing to pay or delaying the employee's wages;
4) The employer fails to pay the employee severance after terminating the labor contract in accordance with the provisions of laws and regulations;
5) The employer illegally extends the working hours of the employee;
6) Entering into an invalid labor contract due to the employer's reasons, causing damage to the employee;
7) If an employer recruits a worker whose labor contract has not been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with the law.
If an enterprise breaches the contract, it shall bear the liability for compensation and administrative liability (such as administrative penalties, orders for corrections, etc.) according to the specific circumstances.
2. Breach of contract by the employee.
1) The employee terminates the labor contract in violation of the conditions stipulated in the labor law;
2) The employee violates the confidentiality of the labor contract.
If a worker breaches the contract and causes economic losses to the employer, he shall be liable for compensation in accordance with the law.
2. Is it illegal for the factory to leave the job without authorization?
The labor contract shall have legal effect immediately after being concluded in accordance with the law, and the parties must perform the obligations stipulated in the labor contract. When an employee signs a labor contract with an employer, both parties form a legal labor relationship and must perform the obligations stipulated in the labor contract until the expiration of the labor contract.
However, this does not mean that the labor contract cannot be changed or terminated, as Article 24 of the Labor Law of the People's Republic of China stipulates that "the labor contract may be terminated upon the consensus of the parties to the labor contract." However, according to Article 31, an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.
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 agreed in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law." ”
It can be seen from this that it is illegal for an employee to leave his job without authorization.
3. Does the suspected worker need to be compensated for unilaterally terminating the contract?
Article 90 of the Labor Contract Law stipulates that if an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, and causes losses to the employer, he shall be liable for compensation.
The termination of a labor contract by an employee in violation of the provisions of this Law mainly refers to the termination of the labor contract without 30 days' written notice to the employer. Compensation is the basis for reimbursement of the following expenses: 1. Recruitment costs; 2 Training costs; 3. Other compensation agreed in the contract.
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