After working for nine and a half years and wanting to quit work, how can I get compensation?

Termination of the labor contract is a right granted to the employee by Article 37 and Article 38 of the Labor Contract Law, and if you want to terminate the labor contract, you do not need to apply to the employer and the employer will approve it. The termination of the employment contract is your decision, and you only need to notify the employer in accordance with the law and prove that you have notified it in writing, then the procedure for terminating the employment contract is in accordance with the provisions of the Labor Contract Law, and you will not be liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer falls under one of the circumstances described in Article 38 of the Employment Contract Law, not only do you not need to advance 30 days in advance, but you can also claim economic compensation in accordance with Article 46 of the Labor Contract Law.

After submitting the notice of termination of the labor contract, it does not matter whether it is approved or not, the key is to have someone sign for it as proof of the termination of the labor contract in accordance with the law, otherwise the bad unit will say that you have left the job voluntarily and have not submitted the resignation report, putting all the responsibility on you, and also finding an excuse for not paying your recent salary. If the employer does not pay your wages on the last day of work, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of wages and related economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.

1. I am .........If the employer infringes upon your legitimate rights and interests, it is better to state the reason so that it is convenient to present evidence later), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;

2. Please notify the company in writing (the notice must have a company seal, otherwise it is invalid) I hand over the work with someone on a certain day, if I do not receive a valid written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;

3. On the date of handover of work, please settle the salary and other related expenses stipulated in the Labor Contract Law in accordance with the provisions of Article 9 of the Interim Provisions on the Payment of Wages, and provide me with the certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).

For details of the time of payment of wages upon termination of the labor contract, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of the time of payment of severance payments, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, the employee may be required to pay additional compensation in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contracts.

There is no compensation for resignation. Only dismissal is available.

There are three types of situations in which an employee proposes to leave the company, and only the first case has compensation

1. If the employer has a situation that highlights Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures;

2. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require the approval of the employer to resign. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, the employer may claim to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

Legal basis. Article 37 of the Labor Contract Law of the People's Republic of China (2012 Revised Ming Xingkuan) [Termination of Labor Contract by Advance Notice] 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 three days in advance during the probationary period.

Article 46 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Economic Compensation] Under any of the following circumstances, the employer shall pay economic compensation to the employee: (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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the contract 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.

Legal analysis: The compensation for dismissal after 9 years of service is 9 months' salary, and the economic compensation is paid to the employee according to the number of years of service in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Legal basis: Labor Contract Law of the People's Republic of China Article 39 If an employee has one of the circumstances listed in the subordinate brothers, the employer may terminate the labor contract at any time

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

2) Yan Mingchen is too serious to violate labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the interests of the employer;

4) Being pursued for criminal responsibility in accordance with law.

Legal analysis: Resignation compensation after 9 years of working in the company has the following circumstances: if the employee resigns voluntarily and voluntarily, there is no severance payment, and if the employer is at fault and causes the employee to voluntarily resign, there is severance payment.

Severance refers to the economic subsidy paid by the employer to the employee in accordance with the law when the labor contract is dissolved or terminated without fault of the employee. The severance payment of an injured employee shall not be deducted from each other with a one-time medical subsidy for work-related injuries and a disability employment subsidy.

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. Workers terminate their labor contracts 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Terminating a labor contract 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.

1. The enterprise needs to compensate for the following situations in which the employee voluntarily resigns.

1. The enterprise has violated the labor contract between the two parties and caused harm to the employee (for example, if the enterprise still does not handle the social security relationship for the employee one month after the employee joins the company, the employee has the right to resign and request the enterprise to pay compensation).

2. If the enterprise and the employee reach a consensus through consultation, and the employee takes the initiative to resign, the enterprise shall also pay the compensation that should be paid.

3. If an employee has to resign due to personal injury (such as work-related injury) caused in the process of working in the enterprise, the enterprise needs to pay compensation and related expenses.

2. If an employee resigns voluntarily, the enterprise does not need to pay compensation under the following circumstances.

1. If the enterprise is not legally negligent, and the individual employee resigns, the enterprise does not need to pay employee compensation.

2. When an employee reaches retirement age and the employee resigns, the company does not need to pay compensation.

There is no resignation, there is expulsion.

1. The first choice depends on whether you take the initiative to resign or the unit unilaterally terminates the labor contract, and the form is different, and the compensation is also different. Details can be found below.

2. If you take the initiative to resign, you can claim compensation as long as you meet the following conditions, and one month of service is counted as one year, otherwise there is no compensation.

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.

3. If the employer unilaterally terminates the labor contract, and then compares the following regulations in detail, as long as the labor contract is terminated without fault, it can claim compensation and receive unemployment insurance money. There is no compensation for wrongful discharge.

1) Fault termination of labor contract.

1.The worker is proved to be ineligible for employment during the probationary period;

2.The employee seriously violates labor discipline or the rules and regulations formulated by the employer in accordance with the law, and may terminate the labor contract in accordance with the law or in accordance with the provisions of the labor contract;

3.The worker is seriously derelict in his duties or commits malpractice for personal gain, causing major damage to the interests of the employer;

4.The worker has been re-educated through labor or investigated for criminal responsibility;

5.Other circumstances under which the employer may terminate the labor contract at any time as provided by laws and regulations.

The above fault dismissal does not require advance notice and no compensation is required, but sufficient evidence must be collected.

2) Non-fault termination of labor contracts.

1. The worker is sick or injured not due to work, and cannot perform the original job or other work arranged by the employer after the prescribed medical treatment period expires.

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

3. The objective circumstances at the time of the conclusion of the labor contract have changed significantly, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after negotiation.

For the above non-fault termination, the employer shall notify the employee in writing 30 days in advance, and terminate the labor contract after paying one month's salary (in lieu of notice), and shall also pay compensation, which shall be calculated according to the length of service, one month for one year, and half a year for less than one year.

If the employer is not at fault, you voluntarily leave your job, and there is no compensation; If you do not want to or the employer is at fault (for example, you have not purchased insurance, etc.), you will be compensated when you leave the company, and the standard is one month's salary after one year of service, but it must be calculated from the implementation of the Labor Contract Law on January 1, 2008.

There is no compensation for resignation, and if there is no compensation when the contract expires, there will be compensation if he fires you.

If you do not leave your job voluntarily or are legally dismissed, you should be compensated. The compensation rate is calculated on the basis of 1 year and 1 month's salary.

Because of the working environment, dust, caused by physical health problems to resign?

It's not that you leave voluntarily to get compensation.

It depends on the reason for the resignation. You can write the details of the situation.

Netizens' questions: I am a foreigner, I have been working in a company in Shanghai for more than ten years, and the company signed an indefinite labor contract (lifelong contract) with me in accordance with relevant regulations. This contract has been signed for more than a year, but for various reasons, I want to leave this company (working environment issues).

As far as I know, employees who have signed an indefinite labor contract can get a certain amount of compensation. I would like to ask you: I have worked for this company for so many years.

How do I leave to get this compensation? 58.com's legal counsel's answer: You have worked in a company for ten years and want to get some compensation.

But if you think about it from the perspective of a business, is this a bit unreasonable? According to your description, the company is very sure of you, and has signed an indefinite employment contract with you (which is a compliment for an employee), hoping that you will serve you for life. And after only a year, you want to quit, for the company, how can it not be a blow?

An employee who has worked for ten years is incomparable to new employees in terms of familiarity with the enterprise and proficiency in the work. Based on this notion of fairness, the current labor law does not support your idea. According to the provisions of the Measures for Economic Compensation for Breach and Termination of Labor Contracts, the severance paid for resignation is mainly concentrated in the following aspects:

1. The employer terminates the labor contract by the parties to the labor contract through consultation; 2. The labor contract is terminated because the worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform the original job or the work arranged by the employer; 3. The employer terminates the labor contract if the worker is incompetent for the job and is still incompetent after training or job adjustment; 4. The employer terminates the labor contract if there is a major change in the objective circumstances on which the labor contract is based, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation; 5. The employer is on the verge of bankruptcy and undergoes statutory rectification or has serious difficulties in production and operation, and it is necessary to lay off personnel; According to the Labor Law of the People's Republic of China, your resignation falls under Article 31 of the Labor Law, which stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract. "There is no compensation for such a way of resignation.