Is there any compensation for voluntary separation, and is there any compensation for voluntary sepa

Voluntary resignation is not only not compensated, but also needs to compensate the employer for losses.

According to Articles 46 and 90 of the Labor Contract Law and Article 18 of the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System (Lao Bu Fa No. 1996 No. 354), not only is there no economic compensation, but the employer shall be compensated for direct economic losses.

Labor Contract Law

Article 90 Where 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, causing losses to the employer, he shall be liable for compensation.

Labor. Notice on Several Issues Concerning the Implementation of the Labor Contract System

Lao Bu Fa No. 1996 No. 354.

18. An employee shall terminate a labor contract in writing 30 days in advance in strict accordance with the provisions of the Labor Law. Voluntary resignation of an employee is an illegal termination of the labor contract, and the employee shall be liable for compensation in accordance with the Measures for Compensation for Violation of the Labor Law on Labor Contracts.

There are three situations in which an employee takes the initiative to terminate the labor contract (resign).

First, in accordance with Article 37 of the Labor Contract Law, the employer only needs to notify the employer 30 days in advance (3 days during the probationary period) to terminate the labor contract, without any reason and without the approval of the employer, but the employer shall not be liable for economic compensation. At the same time, this is a personal interruption of employment, and the resignation does not receive unemployment benefits.

Second, if the labor contract is terminated in accordance with Article 38 of the Labor Contract Law, it is not necessary to terminate the labor contract 30 days in advance or to approve it, and the person 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.

Third, if the employee terminates the labor contract illegally without any basis (without saying goodbye), the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with Article 90 of the Labor Contract Law. The employer may deduct wages as compensation.

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There is no severance for voluntary separation, unless the employer has a single elimination precedent:

1. The rules and regulations of the employer violate the provisions of laws and regulations, and harm the rights and interests of employees;

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.

According to the relevant laws of China, if an employee voluntarily resigns, there is generally no economic compensation, but if the employee resigns due to the employer's failure to pay labor remuneration or other reasons, he can claim economic compensation.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) The labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law.

In the event of voluntary resignation, there is only one condition for the employee to receive severance payments. The employee may leave immediately after terminating the employment relationship in writing, without the approval of the employer, and may request the payment of the remaining wages and severance (one month's salary for every one year of service) and go through the resignation procedures.

Legal basis

Labor Contract Law of the People's Republic of China

Article 38 [Unilateral Termination of Labor Contract by Laborer] 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 the employer forces the employee to work by means of violence, threats or illegal restriction of personal freedom, or the employer directs or forces the employee to perform risky work in violation of rules and regulations, which endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal Analysis: Is There Any Compensation for Voluntary Resignation: If an employee voluntarily resigns and does not propose to terminate the labor contract based on the circumstances specified in Paragraph 1 of Article 38 of the Labor Contract Law, his voluntary resignation shall be presumed to be due to personal reasons.

After unilaterally terminating the employment contract, the employee's request for the employer to pay severance cannot be supported. In the event that an employer forces an employee to work by means of violence, threat or illegal restriction of personal freedom, or where the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee's voluntary resignation is deemed to be a termination of the labor relationship in accordance with the provisions of Article 38, Paragraph 2 of the Labor Contract Law, and the employer may be required to pay economic compensation in accordance with Article 4 and Article 16 of the Labor Contract Law.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) The employee terminates the labor contract in accordance with Article 38 of this Law; 2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; 3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; 4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; 5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract; 6) The labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law. (7) Other circumstances provided for by laws and administrative regulations.

Article 38 of the Labor Contract Law of the People's Republic of China 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 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, threat, or illegal restriction of personal freedom, or if the employer violates rules and regulations by directing or forcibly repenting and endangering the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

There is a salary. However, if the employee resigns without authorization and does not submit the resignation in writing 30 days in advance, and the employer does not have the circumstances stipulated in Article 38 of the Labor Contract Law, the employee is illegal. The employer shall pay the wages of the employee in full, but the employer may require the employee to bear the direct economic losses caused by the employee to the employer and the expenses incurred in recruitment.

In the case that the employer has not violated the labor contract, there is no economic compensation. However, if the employee resigns due to the fault of the employer, the employer shall pay severance to the employee.

There are three situations in which an employee proposes to terminate the labor contract (resign).

First, in accordance with the provisions of Article 37 of the Labor Contract Law, the employer shall be notified 30 days in advance (3 days of probationary period) without the approval of the employer. However, the employer is not liable for economic compensation;

Second, the termination of the labor contract in accordance with Article 38 of the Labor Contract Law does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.

Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.

It's easy to have a place to work.

Legal analysis: If the employee voluntarily resigns and the company is not at fault, it does not need to be compensated, but it is necessary to pay the salary corresponding to the actual working time.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China stipulates that the labor contract may be terminated if the employer is notified 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 46 of the Labor Law shall pay economic compensation to the employee under any of the following circumstances:

1. The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2. The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3. The employer terminates the labor contract in accordance with Article 40 of this Law;

4. The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5. Except where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6. Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7. Other circumstances stipulated by laws and administrative regulations.

1. Absenteeism for a few days is considered voluntary resignation.

According to the Regulations on Rewards and Punishments for Employees of Enterprises, the employer proposes to terminate the labor relationship with an employee who is absent from work without justifiable reasons. The conditions for delisting are:

1. Employees are often absent from work without justifiable reasons;

2. Criticism and ineffective education;

3. The fiber side reaches the specified number of days of absenteeism, that is, the continuous absenteeism time exceeds 15 days, or the cumulative absenteeism time exceeds 30 days within 1 year.

Under normal circumstances, no matter how many days an employee is absent from work, it cannot be regarded as voluntary resignation, but the employer can terminate the labor relationship with the absent employee, and the specific number of days of absenteeism can terminate the labor relationship, the internal regulations of each company are different, but generally speaking, it is three days. At the same time, the company can also deduct the corresponding salary during the employee's absenteeism.

2. What is the difference between resignation and voluntary resignation?

1. For employees, the employer who hires the employee who resigns voluntarily without authorization shall be jointly and severally liable for compensation if it causes economic losses to the original employer.

2. For enterprises, rules and regulations should be formulated in conjunction with Article 39 of the Labor Contract Law, and voluntary resignation should be included in the category of serious violations of rules and regulations, so that there is a basis to follow when dealing with employees' voluntary resignation.

3. There will be a written application for resignation in advance, and the resignation will only be approved after resignation, and if you resign in accordance with the prescribed procedures, you will not be liable for breach of contract and damages.