Please ask the employer if the employee should compensate the employer if he voluntarily leaves the

No, the employment contract is invalid because it violates the labor law.

The Labor Law stipulates that the labor force has a natural aging process, and if the employee temporarily or permanently loses the ability to work due to old age, illness, work-related injury, disability, death, etc., the labor can be interrupted.

Therefore, your contract is a "one-sided" contract, which is obviously biased towards the interests of one party and has no legal effect.

If your boss disagrees, you can tell her that you have consulted a lawyer. Know the reason first, and then move it with emotion, such as telling her about free training on duty.

In short, as long as you take care of it, she doesn't want to be unable to do business for 300 yuan. However, it is best not to say it in front of other employees, because she may have signed this contract with other people, and she will definitely not know that the contract is invalid to everyone, so she can find a reason to leave in the future.

If you are reasonable, you don't need it, and if you are not reasonable, it is difficult to say

If you sign a contract, you should be responsible

People are valuable in credit

The policy stipulates that you will only be compensated when you leave your job if you cause losses to the employer, or if you incur expenses when you were hired. Otherwise, you only need to submit your resignation in writing 30 days in advance.

In addition, if the company does not approve your resignation, I recommend that you treat it as a sick leave, and you can enjoy the treatment during the medical period. It's better for you that way.

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.

Legal basis] Article 47 of the Labor Contract Law, for the calculation of economic compensation, the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the company. 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city level divided into districts where the employer is located, the standard of economic compensation to be paid to him shall be three times the average monthly salary of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination of the labor contract.

Severance is the severance compensation given to the employee when the employer terminates the labor contract; It is a one-time economic subsidy paid to the employee by the stupid Zhengren unit in accordance with the law after the dissolution or termination of the labor contract. Generally speaking, the employer is not required to pay compensation to the employee when the employee submits the resignation, except for these three cases.

1. If the company forces employees to work beyond the contract by violence, threats or illegal means, or the personal safety of employees cannot be guaranteed, the employees can terminate the labor contract at any time and ask the company for compensation, and if the company is unwilling to pay compensation, they can appeal for compulsory compensation according to law.

2. If the company causes the employee to involuntarily modify the labor contract or cause the employee to leave the company involuntarily by deception or other means, the employee may claim compensation. For example, although it is not a dismissal of an employee, the employer's means of infringing on the interests of the employee and causing the employee to "leave the company on his own" are also illegal, and the employee has the right to demand compensation from the employer.

3. The company's rules and regulations and management methods violate the provisions of the law, and there are clauses that seriously exploit and oppress employees and damage the rights and interests of employees, and employees can terminate the labor contract immediately without prior notice to the company. For example, it is unreasonable for the company to stipulate that the "overlord clause" such as deducting the day's wages for late arrivals is unreasonable.

In this case, the employer shall pay compensation to the employee at twice the standard dismissal compensation.

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. Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The laborer dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

If the employee voluntarily resigns due to his or her own reasons, he or she cannot claim compensation.

According to Chinese law, an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. This is the legal basis for the employee's right to unilaterally terminate the employment contract. So you can offer your resignation.

However, if you plan to resign just for your own reasons, you should need to submit it to the employer 30 days in advance. In this case, you have no right to demand financial compensation from the Stuffy Pants Unit.

The lawyer reminds you here that in judicial practice, compensation is generally only required if the employer terminates the contract in violation of the provisions of the contract, but if the employer forces the employee to leave the job by reducing the wage, the compensation can be handled in accordance with the standards prescribed by law, and the specific circumstances can be legally determined by the employee suing the employer to provide evidence.

Legal basis: Article 37 of the Labor Contract Law stipulates that 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.

If the employer has statutory circumstances and has statutory fault that harms the rights and interests of the employee, and the employee is forced to terminate the labor contract on his own initiative, the employer shall pay the employee economic compensation.

There is no compensation for the voluntary resignation of ordinary employees, except for those who are forced to resign. If the company fails to help the employee pay social insurance, or fails to pay wages in full and on time, or fails to provide working conditions or labor protection, the employee may be forced to resign on this basis and request the company to pay the severance of the forced resignation.

The conditions under which an employee can claim compensation are as follows:

1. Deduct employees' wages and fail to pay the corresponding labor remuneration according to regulations;

2. The employer fails to purchase social security for the employee in accordance with the regulations;

3. Disobedience to the company's transfer and resignation;

4. Unilateral termination of the labor contract due to unwarranted dissatisfaction of the superior;

5. The company violates relevant national laws and regulations.

Legal basis

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 labor 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 law or administrative law stipulates that the employee may terminate the labor contract. Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.