If the company violates the law and commits a crime, can the employee terminate the labor contract w

Updated on society 2024-03-18
29 answers
  1. Anonymous users2024-02-06

    OK. Article 38 of the Labor Contract Law provides that if an employee unilaterally terminates a labor contract, the employer may terminate the labor contract under any of the following circumstances: (1) the employee fails 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) 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) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer 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.

  2. Anonymous users2024-02-05

    First of all, it remains to be seen whether such a clause in the employment contract that restricts early termination has legal effect. Secondly, even if it is valid, it is the first time that the company does not pay labor remuneration and breaches the contract, and the contract can be terminated and the company can be required to compensate.

  3. Anonymous users2024-02-04

    Of course, the illegal employee of the company can terminate the labor contract with the company, and can ask the company to compensate him.

  4. Anonymous users2024-02-03

    If the company violates the law and violates the law, the employee can unilaterally terminate the labor contract with the company, which does not constitute a breach of contract.

  5. Anonymous users2024-02-02

    If the company does violate the law or commit a crime, the employee can terminate the labor contract with the company and report to the public security organ to avoid harming his legitimate interests.

  6. Anonymous users2024-02-01

    The employment contract may be terminated in advance without 30 days' written notice to the employer.

  7. Anonymous users2024-01-31

    Employees can terminate or terminate the employment contract with the company at any time in accordance with the law and procedures (even if the company has not committed any illegal or criminal acts). If there are illegal and criminal acts in the company's production and business activities, the employee may apply for dissolution or termination of the labor contract.

  8. Anonymous users2024-01-30

    The company violates the law and violates the law. Of course, the employee can terminate the labor contract with the company. Because it is the company's first employee who violates the law and commits crimes, of course, you can apply with the company. The labor contract is terminated.

  9. Anonymous users2024-01-29

    The company has violated the law and committed crimes. Employees can terminate their employment contracts with the company. And the company can be asked to compensate.

  10. Anonymous users2024-01-28

    The employee can terminate the employment contract with the company, and the company also has the right to dismiss.

  11. Anonymous users2024-01-27

    Of course, this company can't work, you can terminate the contract and go to work in another company, nothing is freedom.

  12. Anonymous users2024-01-26

    If the company violates the law and violates the law, the employee can terminate the labor contract with the company, because it is a company that violates the law, how can the employee work?

  13. Anonymous users2024-01-25

    If the company has a problem, if the employee does not participate, it has nothing to do with the employee, if the company can not develop, then the employee can negotiate with the company first, if an agreement is reached, then the resignation can be resigned, or the resignation by consensus, the company needs to pay economic compensation, if the voluntary resignation is not economic compensation.

  14. Anonymous users2024-01-24

    If the company violates the law and commits a crime, the original company has the right to terminate the labor contract with the company and is not liable. On the contrary, if the employee violates the law, the company can also unilaterally terminate the labor contract with the employee.

  15. Anonymous users2024-01-23

    Yes, he has violated the law and committed a crime, and the employee can terminate the labor contract with him, but he must also be compensated, such as the length of service! For example, unemployment benefits or something.

  16. Anonymous users2024-01-22

    This can be terminated because the employee has the right to freely choose whether the company is good or bad, and if the employee is not satisfied with the company, he or she can propose to terminate the employment contract with the company.

  17. Anonymous users2024-01-21

    If the company violates the law, this does not involve the employee, the employee can be correct, or normal to terminate the labor contract, there is nothing to do with the employee, but the person in charge of the company needs to be legally responsible.

  18. Anonymous users2024-01-20

    If the company violates national laws and regulations or even commits a crime in the course of operation, the employee can of course terminate the labor contract with the company and appeal to the local labor arbitration department to investigate the company's liability for compensation.

  19. Anonymous users2024-01-19

    First, if the company violates the law and commits crimes. As an employee, you can terminate the employment relationship with him.

  20. Anonymous users2024-01-18

    If the company violates the law and regulations, can the employee terminate the labor contract with the company? Yes, the company has violated the law and has nothing to do with the employee.

  21. Anonymous users2024-01-17

    If the company violates the law and violates the law, the employee cannot terminate the labor contract with the company without permission. Unless the company is seized, then yes.

  22. Anonymous users2024-01-16

    If the company violates the law and commits a crime, can the employee terminate the labor contract with the company? If the company violates the law and violates the law, the employee can terminate the labor contract with the company.

  23. Anonymous users2024-01-15

    If the company violates the law and commits crimes, can the employee terminate the labor contract with the company? Employees who violate the law can terminate the labor contract with the company.

  24. Anonymous users2024-01-14

    If the company violates the law and commits a crime, can the employee terminate the labor contract with the company? There was a problem with the formula. Employees can terminate their employment contract with the company.

  25. Anonymous users2024-01-13

    Definitely, if you violate laws and regulations, you must be punished by law, the company will naturally dissolve the relationship, and the people must abide by the law and be good citizens.

  26. Anonymous users2024-01-12

    Legal Analysis: If an employee violates the law or committed a crime, the company can directly terminate the labor contract.

    According to the law, 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 employment requirements;

    2) Seriously violating the rules and regulations of the employer;

    Sanhuai vertical wheel) 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 circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

    6) Those who have been pursued for criminal responsibility in accordance with law.

    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 employment requirements;

    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 circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

    6) Those who have been pursued for criminal responsibility in accordance with law.

  27. Anonymous users2024-01-11

    According to the laws of China, the company can directly terminate the labor contract if the employee violates the law and violates the law.

    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 employment requirements;

    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 circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

    6) Those who have been pursued for criminal responsibility in accordance with law.

  28. Anonymous users2024-01-10

    Legal analysis: According to the provisions of the Labor Contract Law, if an employee violates the employer's regulations or violates laws and regulations during the working period, the employer may unilaterally terminate the employment contract with the employee. If the employee is investigated for criminal liability in accordance with the law, the employer may terminate the labor contract.

    Although a worker has violated the law and committed a crime, he has not been investigated for criminal responsibility is not counted, nor is he not investigated for criminal responsibility. If the employee is investigated for criminal liability in accordance with the law, the employer may terminate the labor contract or not terminate the labor contract. If it is confirmed that the employee has been investigated for criminal liability in accordance with the law, the employer shall also notify the employee or his family to terminate the labor contract in accordance with the normal procedures, which cannot be regarded as automatic termination.

    If an employer recruits a new employee or renews a labor contract with an employee, it shall file for labor employment within 30 days from the date of recruitment or renewal of the labor contract. If the employer terminates or dissolves the labor contract with the employee, it shall file the labor employment record within 7 days after the termination or dissolution of the labor contract.

    Legal basis: Labor Contract Law of the People's Republic of China Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances, and the employee is proved to be ineligible for employment during the probationary period, seriously violates the rules and regulations of the employer, seriously neglects his duties, engages in malpractice for personal gain, and causes major damage to the employer, and the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request. Where a labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law, criminal responsibility shall be pursued in accordance with law. Article 43 Where an employer unilaterally terminates a labor contract, it shall notify the labor union of the reasons in advance.

    If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

  29. Anonymous users2024-01-09

    Legal analysis: The company cannot terminate the labor contract before the people's court judges the employee guilty of a crime, and if the employee is found guilty by the people's court, the company can terminate the labor contract if the employee is found guilty by the people's court.

    Legal basis: Labor Law of the People's Republic of China Article 25 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (4) the employee is investigated for criminal liability in accordance with the law.

    It can be seen that the employer can terminate the labor contract when the employee is investigated for criminal liability in accordance with the law, but the employer should pay attention to the fact that the termination can only be made after the employee has been investigated for criminal liability in accordance with the law, so the act of terminating the labor contract should be carried out only after the effective criminal judgment of the people's court.

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