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Anonymous users2024-02-071. If you want to resign, you only need to submit a notice of resignation to the employer in writing 30 days in advance (3 days in advance during the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Transfer (Documents and Materials) of the Employee", and the consent of the employer is not required. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle the formalities (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your salary in full in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law.
2. If you have fulfilled the resignation procedures in accordance with the law, and the employer has violated the law and not let you go through the relevant procedures for resignation, and you believe that the employer has infringed on your legitimate rights and interests in labor security, you have the right to make a written report or complaint to the local labor and social security inspection brigade (Article 9 of the "Labor and Social Security Supervision Regulations"), and request the labor and social security inspection brigade to handle it in accordance with the law, or apply to the local labor dispute arbitration commission for arbitration in accordance with the law (labor dispute arbitration is free of charge). If you are not satisfied with the arbitration, you can also file a lawsuit against the employer in court (Article 77 of the Employment Contract Law).
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Anonymous users2024-02-06Legal analysis: The employee can mail a letter of resignation to the employer by courier, keep the express details and make a copy of the letter of resignation, and after the resignation expires, ask the employer to congratulate the employer on paying his salary and go through the resignation procedures for him.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China Article 7 An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer of the auction-based entity three days in advance.
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Anonymous users2024-02-05Legal Analysis] The factory does not invalidate the resignation, and the resignation of the employee is the legal right of the employee, and the labor contract is terminated when it expires. The employee shall notify the employer in writing 30 days in advance of the resignation and 3 days in advance during the probationary period. If the employer falls under any of the circumstances provided for in Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately without prior notice to the employer.
Legal basis] Labor Contract Law of the People's Republic of China Article 36 The employer and the employee may terminate the labor contract if they reach a consensus through consultation. 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.
Article 38 Under any of the following circumstances, an employer may terminate a labor contract: (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) 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) Due to the circumstances provided for in the first paragraph of Article 26 of this Law.
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Anonymous users2024-02-04Summary. It is not necessary for the factory to agree to quit a job, but for the worker to notify the factory that he has quit.
It is not necessary for the factory to agree to quit a job, but for the worker to notify the factory that he has quit.
What should I do if I can't pay my salary?
Directly with the factory, if not sent to the labor arbitration, the labor inspection brigade reported.
But is it okay for a big company here?
But is it okay for a big company here?
The bigger the company, the more afraid it is to report.
So what should I do.
Prepare the evidence, and then have a showdown with the company, first of all, you think that you must not be in this company anymore.
I've already figured it out, and this morning I took the resignation letter and signed it for the boss, but they didn't sign it, and they tore up the resignation letter for me, and I didn't know what to do.
I've already figured it out, and this morning I took the resignation letter and signed it for the boss, but they didn't sign it, and they tore up the resignation letter for me, and I didn't know what to do.
Turn on your phone to record it.
If the section leader can't do it, go to his superiors. Thank you.
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Anonymous users2024-02-03Legal Analysis: If the factory refuses to allow the employee to leave the job, the employee may submit an application for resignation to the personnel management department of the factory 30 days in advance. After the expiration of the 30-day period, the employee resigns in accordance with the law, and the employment relationship with the employer is terminated.
If the employer violates the working hours and causes the employee to leave the job, the cumulative extension of working hours shall not exceed 36 hours per month, and the corresponding overtime wages shall be paid.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the requirements for recruitment;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the concealment circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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Now it is a legal society, hotels and schools cannot restrict the free choice of employees, you can go to the local labor and social security department to report the situation, and the labor inspection department can help you solve the problem by giving a ** to the hotel and school. To learn to use the law to protect yourself, the behavior of hotels and schools is illegal, in fact, they are very clear, they are also afraid of being complained about behind their backs, just bullying you for not knowing the law or being timid! You are no longer a child laborer at the age of 17, don't talk about child labor, just reflect the situation truthfully.
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