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It is your right to terminate the employment contract, and there is no need for a reason.
Termination of the labor contract is a right granted to the employee by Article 37 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 any of the circumstances described in Article 38 of the Employment Contract Law, you may also claim economic compensation in accordance with Article 46 of the Employment 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 payment time of severance payments, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, additional compensation may be requested in accordance with the provisions of the Measures for Economic Compensation for Breach and Termination of Labor Contracts.
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The establishment of labor relations follows the principles of legality, fairness, equality, voluntariness, consensus, and good faith, and only needs to reach an agreement with the employer to re-enter the company, sign a labor contract, and establish a labor relationship. Under normal circumstances, the employer will not hire the employee again if he or she is absent from work and resigns.
Legal basis: Labor Contract Law
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.
The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.
The employer and the employee shall each hold one copy of the labor contract.
Article 3 of the Labor Law Workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law.
Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.
The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.
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If a worker is absent from work and resigns from the unit and does not go through the resignation procedures, he will be blacklisted by the unit and cannot rejoin the original unit.
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