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If the employee fails to resign in accordance with the normal resignation procedures, the employer may require the employee to pay certain compensation if the employee causes certain losses to the employer due to the employee's resignation.
Labor Contract Law of the People's Republic of China.
Article 90 A worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract.
If it causes losses to the employer, it shall be liable for compensation.
Resignation application less than one month:
If an employee resigns, he or she only needs to notify the employer in writing one month in advance. If the employer violates any of the provisions of Article 38 of the Labor Contract Law, the employee may mail a letter of forced resignation to the company.
Require the employer to pay severance payments.
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.
The above content refers to: National People's Congress - Labor Contract Law of the People's Republic of China.
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The most important consequences of leaving a regular employee less than a month after submitting his resignation are:
The employer can claim the resulting economic loss from it.
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Legal Analysis: Yes. The following circumstances can be left less than one month after leaving the company:
Reach an agreement between the employer and the employee; Notify the employer three days in advance during the probationary period; Where an employer compels a worker to work by means of violence, threats, or unlawful restriction of personal freedom, or where the employer violates rules and regulations by directing or forcing risky work to endanger the worker's personal safety.
Legal basis: Labor Contract Law of the People's Republic of China
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
Article 37 A person who has been sentenced to labor may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract if he or she notifies the employer three days in advance.
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 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. If the employer forces the worker 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 personal safety of the employee, the employee may immediately terminate the labor contract without prior notice to the employer.
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