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There is a certain amount of truth, after all, if you take such a long leave at one time, it will definitely have an impact on the operation of his company. Your position must exist for a reason, and it will work. Otherwise, if you take a long leave of absence for a long time, it will not affect the boss, why does he set up that position.
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Unreasonable, all the provisions cannot contradict the laws of the state, and such provisions themselves violate the provisions of the national labor inspection law on the protection of workers' rights and interests, and are invalid.
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1. There are three situations in which an employee proposes to terminate the labor contract (resign).
First, in accordance with Article 37 of the Labor Contract Law, the employer only needs to notify the employer 30 days in advance (3 days during the probationary period) to terminate the labor contract, without any reason and without the approval of the employer, but the employer shall not be liable for economic compensation. At the same time, this is a personal interruption of employment, and the resignation does not receive unemployment benefits.
Second, if the labor contract is terminated in accordance with Article 38 of the Labor Contract Law, it is not necessary to terminate the labor contract 30 days in advance or to approve it, and the person can leave immediately. In addition, the employer must also pay severance of one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.
Third, if the employee terminates the labor contract illegally without any basis (leaving the employer or leaving without saying goodbye), the employer will not only not pay severance compensation, but also be liable for compensation for losses caused to the employer in accordance with Article 90 of the Labor Contract Law. The employer may deduct wages as compensation.
2. The reason for resignation is recommended to be submitted with reference to the second situation, and the resignation letter can be written as follows: There is a certain department and so-and-so, and the labor contract signed with the employer is from xx year xx to xx year xx month, because the employer has violated the relevant provisions of the labor contract law (such as not signing the labor contract, not arranging working hours in accordance with national regulations, not paying labor remuneration on time and in full, not paying overtime wages for overtime, collecting deposits, and not establishing national statutory social insurance for workers on time, etc. are all legitimate reasons for resignation.) You can list one or both of them.
In accordance with the relevant provisions of the Labor Contract Law, the resignation is hereby submitted. The employer is also requested to pay severance in accordance with Articles 46 and 47 of the Labor Contract Law; Handle the resignation formalities in a timely manner in accordance with Article 50 of the Labor Contract Law. Notice is hereby given.
3. Of course, if you are not in a hurry to leave, you can also resign with reference to the first situation, and the resignation letter can be written as follows: There is a certain department and a certain department, and the labor contract signed with the employer from xx year xx to xx year xx month, due to my own reasons, I am now in accordance with the provisions of Article 37 of the Labor Contract Law to resign, will leave the unit after 30 days (3 days), please do a good job of taking over the work, I will do a good job of handing over the work within the specified time, and ask the unit to go through the resignation procedures in a timely manner in accordance with the provisions of Article 50 of the Labor Contract Law. Notice is hereby given.
4. If the unit does not pay wages, you can first complain to the local labor law enforcement inspection brigade, and they will supervise and inspect in accordance with the "Labor Security Supervision Regulations" and order corrections; If this is not possible, you can directly apply for labor arbitration to the labor administrative department to protect your legitimate rights and interests.
Follow-up questions.
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It should be unreasonable, a bit like an overlord clause! Every worker has the right to ask for leave, and besides, who is not sick and who has nothing to do at home? Is it time to resign if you have been sick for more than six days?
So this is an unreasonable practice they have taken in order not to delay the work for them!
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This is unreasonable and violates the national labor law, and you can go to the labor bureau to complain or apply for labor arbitration.
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It is unreasonable and illegal, but the people do not hold officials accountable, and their own interests and the seriousness of the law must be safeguarded by the masses themselves.
Get rid of the idea of "waiting for the need", study labor law and related cases on your own, and go through the process.
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Certainly not legal, nor reasonable! For example, getting sick or having an accident in a family member.
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If the workers go to ask for leave for ten days and half a month within a month, the factory will not be closed down if there is no benefit, so the regulations in the factory are right.
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Summary. Hello, it's a pleasure to answer for you. If the company's salary management system stipulates that you will leave your job if you take more than 5 days off, and you have also been given relevant training, then it is reasonable. If you sign a resignation, it doesn't count as the company firing you.
If the unit takes leave for more than 5 days, is it legal to let the writer resign.
Good. Hello Pi Chen, I'm honored to answer for you. If the company's salary management system stipulates that you will leave your job if you take more than 5 days of leave, and you will also be trained on the phase-burning line, then this is reasonable. If you sign a resignation, it doesn't count as the company firing you.
According to the requirements of the Reply to Issues Concerning the Termination of Labor Contracts by Employees, the employee notifies the employer in writing 30 days in advance, which is the operational procedure for terminating the labor relationship, and is the standard for terminating the labor relationship. The employee shall notify the employer in writing 30 days in advance to terminate the employment relationship, without seeking the permission of the employer. Employees can leave their jobs while on sick leave.
According to Article 37 of the Labor Contract Law, an employee can terminate the employment relationship by giving 30 days' written notice to the employer. The employee can terminate the employment relationship by notifying the employer three days in advance during the probationary period.
Employees notify and confirm that they have been notified to the employing company according to this requirement, and the resignation is justified and justified, and they can resign after a long time without the permission of the employing company. If there is a sick leave certificate issued by the outpatient department of the hospital and can ask for sick leave, the enterprise cannot dismiss the employee during the treatment time, and the relevant holiday procedures should be kept with Pei's proposal. If the company wants to terminate the employment relationship with you, you can apply for arbitration to continue to perform the provisions.
The company's accumulated and extremely dismissed employees should be given economic compensation, and for the duration of leave exceeding the product standard, the current internal policies of the company can be carried out through other methods, as long as your leave is in accordance with the requirements of the company's policy. If the employee has already clearly applied for leave in accordance with the steps, and the company can, it is not possible to force the employee to resign, and you have the right to directly propose labor dispute arbitration. If the employee does not submit for resignation 30 days in advance, the employer will not have the status of Article 38 of the Labor Contract Law, and the employee will immediately submit the resignation application and leave.
At this time, the employer can also stipulate that the employee violates the regulations, and the direct economic losses caused to the company and the costs caused by recruiting the employee. 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.
Because I have something at home, I have taken leave from the company for more than 5 days, and the company asked me to write a resignation report, is it legal?
Dear, it's not legal.
Why is it not legal?
In violation of labor laws, the company cannot dismiss employees at will.
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Summary. 1. The judgment that "the company can require the employee to resign if the leave is more than seven days" is concluded that its validity should be determined according to the circumstances. Because:
1 The Employee Handbook is a supplement to the labor contract, and according to Article 29 of the Labor Contract Law, the employer and the employee shall fully perform their respective obligations in accordance with the provisions of the labor contract. Therefore, after the employer has produced the Employee Handbook through democratic procedures, publicizes and delivers it to the employee, the employer can write "the company may require the employee to resign" in the Employee Handbook, which is binding on the employee.
What should I do if the employee has not written a resignation letter and takes leave for more than 7 days.
1. The judgment that "the company can require the employee to resign if the leave is more than seven days" is concluded that its validity should be determined according to the circumstances. Because:
1 The Employee Handbook is a supplement to the labor contract, and according to Article 29 of the Labor Contract Law, the employer and the employee shall fully perform their respective obligations in accordance with the provisions of the labor contract. Therefore, after the employer has produced the Employee Handbook through democratic procedures, publicizes and delivers it to the employee, the employer can write "the company may require the employee to resign" in the Employee Handbook, which is binding on the employee.
Usually how to deal with legal processing, how to deal with employees who have not submitted written resignation to the company, and leave of absence, more than 7 days.
Hello dear, you can see if the contract signed by the company and the employee has relevant regulations, if not, the employee can not be dismissed.
You can talk to the employee first.
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Summary. If you can ask for leave, and then you can ask for leave, and the time extends to the day you leave, you can do this, but it depends on your leader or the boss here is always not aimed at you, if you don't pay your salary because of this matter, or because of some other things or something, you can't do it here, well, you can't do it, so you still weigh it here, and the teacher thinks that this can be done, because can you ask for leave? Is there such a system?
Right. The date of resignation is written on the 15th and then before the 15th, and then the annual leave is left directly, can I do this?
Hello, it is a pleasure to be here with you, I will try to find your problem as soon as possible, please wait patiently, thank you very much, thank you for your understanding.
The date of resignation is written on the 15th and then before the 15th, and then the annual leave is left directly, can I do this?
If you can ask for leave, and then you can ask for leave, and the time extends to the day you leave, you can do this, but it depends on your leader or the boss here is always not aimed at you, if you don't pay your salary because of this matter, or because of some other things or something, you can't do it here, well, you can't do it, so you still weigh it here, and the teacher thinks that this can be done, because can you ask for leave? Is there such a system? Right.
Ok thanks.
You're welcome.
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