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It is possible to resign. No matter how long you sign an employment contract, you can terminate the contract as long as you submit your resignation report 30 days in advance and stay on the job for 30 days.
The reply of the General Office of the Ministry of Labor on issues related to the termination of labor contracts by employees clearly states that according to Article 31 of the Labor Law, "an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract". The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract.
The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer. After 30 days, if the employee submits to the employer to go through the formalities for terminating the labor contract, the employer shall handle it. If the employee fails to terminate the labor contract 30 days in advance, the employer may not go through the termination procedures if the conditions for terminating the labor contract are not fulfilled.
If you are not on the job before resignation, the employer may still terminate the employment relationship with you on the grounds of continuous absenteeism in accordance with the rules and regulations of the enterprise and the provisions of the Labor Law. Evidence of any written resignation report should be retained. In the event of a dispute with the employer, it is important to support your claim with evidence.
However, regardless of whether the employee terminates the labor contract illegally or not, as long as the early termination of the contract causes economic losses to the employer, he shall be liable for compensation in accordance with the provisions of the relevant laws, regulations, rules and the provisions of the labor contract. Specifically, it includes the following losses: the expenses paid by the unit for recruitment; If the employer pays for the training fee for it, it shall be handled as agreed by both parties; direct economic losses caused by production, operation and work; Other compensation expenses as stipulated in the labor contract.
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Yes, there is no time requirement to resign. Both parties can negotiate and deal with it. The most common way is to give a month's notice to the employer and prepare the handover of the job.
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If the company has a good reputation, then it will include the length of service in 2009, otherwise, the economic compensation will be paid according to 2015.
Labor Contract Law
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.
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 divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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 or dissolution of the labor contract.
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