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First of all, it is corrected that your situation is not self-detachment. Voluntary resignation, referred to as self-separation. It is a relatively serious punishment method for workers by the unit. Self-leavers generally have several characteristics: leaving the post without saying hello (no longer going to work); No handover of work.
Your situation should be classified as resignation because you have a job handover and have gone through the formalities of resignation. The employer should also settle your salary.
The state requires labor dispatch companies to sign labor contracts with workers for no less than two years, and only if the labor contract is long, he can only be dispatched, otherwise there will be no dispatched talents.
You can terminate the labor relationship with the dispatch company in accordance with the provisions of the Labor Contract Law. The best way is for you to submit a letter of resignation (without the approval of the other party) to terminate the labor relationship, and then within 30 days, the employer must go through the resignation procedures for you and issue a notice of termination of the labor relationship.
In this case, your employment relationship will be terminated. You are free, you can sign a labor contract with another unit and go back to work.
Please refer to the Labor Contract Law.
Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.
The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.
Article 17 The labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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First of all, you have to go through the resignation handover and various procedures with Xiamen Lenovo in accordance with the regulations, and after the completion of the process, bring the relevant materials to the company for processing. That's how the normal process should be. It is recommended that you ask carefully, do not use the method of self-separation in the future, it will bring unnecessary trouble to both parties.
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Since you are signing the labor contract by way of labor dispatch, you can go through the procedures for terminating the labor contract directly with the labor dispatch company.
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You have to go through the formalities with Xiamen Lenovo Company.
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The law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
If it is more than 15 days, you can file a complaint with the Labor Inspectorate!
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Summary. Hello dear, happy to answer your <>
According to the relevant regulations of China, if the employee and the employer have not signed the corresponding labor contract, they also need to apply for resignation a few days in advance, and they need to hand over their work, but if the contract is not signed, the company needs to give a certain amount of economic supplement.
If you leave the company without a labor contract, you will be asked to go back to go through the resignation procedures.
Hello, dear, very high Lu Zhexing will answer your <>
According to the relevant regulations of our country, if the employee and the employer have not signed the corresponding labor contract, they also need to apply for resignation a few days in advance, and they need to hand over their work, but if the contract is not signed, the company needs to give a certain amount of economic supplement. Tachibana Grandson.
If there is no labor contract, how to handle the procedures for resigning and sending grandchildren? The unit does not renew the labor contract to go through the resignation procedures: (1) handle the work handover.
2) The company's property, documents and debts are settled. (3) Refund the employee's certificate and settle the salary. (4) If the company proposes to terminate the labor contract, it shall pay economic compensation to the employee in accordance with the provisions of the Labor Contract Law.
5) Sign a non-compete agreement. If the company deems it necessary to sign a non-compete agreement, the corresponding obligations of the employee shall be specified in the termination agreement. (6) Issue a certificate of dissolution or termination of the labor contract.
7) Handle the procedures for the transfer of files and social insurance relations.
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Summary. Hello dear, happy to answer your <>
Qinqin company let you resign, we can leave normally, but because the company did not give you a labor contract, this can apply for compensation, no labor contract resigned the company let go back to the resignation procedures.
Hello, dear servant, happy to answer your <>
Qinqin company let you resign, we can leave the old worm normally, but because Wuzhao company did not give you a labor contract, this is possible to apply for compensation, and Qinqin I recommend that you apply for labor arbitration.
If you leave voluntarily and don't want to make trouble, the company also agrees to release you and gives you a specific time to release you. You can sign a labor contract with your new employer. But you still need to hand over to the company, and you need to sign a new contract after you arrive at the post.
If you leave your job involuntarily and you have time, you can claim double compensation if you don't sign an employment contract. The premise is that you can gather evidence in advance. If you want to leave early, the company won't let you go, and you're in a hurry, so you can negotiate with the company, if you don't sign a labor contract and complain, it's the company that loses, and you can negotiate to let you go early.
Although there is no labor contract signed with the employer, the resignation of the employee and the employee also needs to be in accordance with the law and regulations, fulfill the obligation to inform in advance, and then hand over the work to the employer, go through the resignation procedures, and the employer will issue a certificate of termination of the labor contract, and transfer the social security relationship and file to the employee.
If you don't negotiate properly with the company, you can directly ask Shen Sun Zheng to ask the workers to return to arbitration for arbitration
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Legal analysis: the employer and the employee need to reach a consensus and re-agree on the date of resignation; If the resignation date arrives and the employee does not go to work, the employer should also go through the resignation procedures and settle the salary in accordance with the Dialect Law.
Legal basis: Labor Contract Law of the People's Republic of China Article 3 An 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.
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Influence your rights protection. Originally, if you didn't sign a labor contract, he should compensate you for 11 months' salary, as well as economic compensation for resignation, etc., but now that you have resigned, it is equivalent to resigning yourself, and the economic compensation is gone. It turned out that the 11-month salary without signing the contract is now difficult to prove.
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From the economic perspective of your current resignation, there is no impact, because you have not signed a labor contract, the company will compensate you for double wages, and in addition, because you have not signed a labor contract, the company has not done social insurance, so you can ask the company to bear the corresponding seniority compensation, unemployment insurance and other related expenses. You can assert your rights through labor arbitration.
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It doesn't have any impact, it's just that the monthly salary won't be paid to you.
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In the case of Article 38 of the Labor Contract Law, 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.
In addition, the employee can apply for labor arbitration to demand payment of double wages for up to 11 months' wages for those who have not signed an employment contract from the second month of employment.
According to the Labor Contract Law of the People's Republic of China:
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.
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
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