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Hello, your company did not hand over one of the contracts to you for safekeeping, causing you to be unaware of the voluntary severance compensation 2-10w, in violation.
Labor Contract Law Article 81 Where the text of the labor contract provided by the employer does not contain the necessary terms of the labor contract as stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.
Your behavior is a voluntary resignation and you do not need to compensate the company for liquidated damages, but because you signed a training agreement, it is based on.
Article 22 of the Labor Contract Law Where an employer provides a worker with special training expenses and professional and technical training, it may enter into an agreement with the worker to stipulate the service period.
If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.
You should compensate the company 3,000 yuan for the training fee, but the company has no reason to seize your registration certificate and file, and needs to pay your wages during the labor period.
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1. According to your situation, the company does not need to compensate you for any loss.
2. Part of your salary in March and April should be paid to you by the company, and you can apply for labor arbitration if you do not give it to you.
3. There is a clause in the labor contract that the company should be compensated 2-100,000 yuan for voluntary resignation, which has no legal basis. Unless you sign a separate non-disclosure agreement and you breach the contract.
4. The training agreement was signed with a compensation of 3,000 yuan, and the 3,000 yuan was compensated. You have learned a skill in the company, and if you don't serve him within the specified period, you will have to pay for it both in accordance with the law.
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Labor remuneration should be paid.
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If the employee submits the resignation and terminates the labor contract 30 days in advance, the employee is not required to pay economic compensation; If the employer fails to pay the labor remuneration in full when the employer is in charge, the rules and regulations violate the provisions of laws and regulations, or the rights and interests of the employee are harmed, the employee shall be required to pay economic compensation. The standard of economic compensation shall be paid to the employee according to the rate of one month's salary for each full year of work. Voluntary resignation refers to the employee's failure to perform the procedures for terminating the labor contract when terminating the labor relationship, and leaving the post without authorization; or leave the unit without completing the formalities for terminating the labor relationship.
If an employee who voluntarily resigns from his or her job shall bear the liability for breach of contract and causes economic losses to the original employer, the employer employing the employee who voluntarily resigned shall be jointly and severally liable for compensation. 1. The labor contract may be terminated by the employee as follows:
1. Failure to provide labor bending protection or working conditions in accordance with 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 employees;
5. The labor contract is invalid. 2. There are three forms of voluntary termination of labor contracts by employees:
1. Submit a resignation application to the employer, and terminate the contract through consensus with the consent of the employer;
2. Notify the employer in writing 30 days in advance to terminate the contract, without the consent of the employer, and the employer shall settle the salary and go through the procedures for terminating the contract at the expiration of 30 days;
3. For statutory faults, the employee may notify the employer to terminate the contract at any time. If an employee terminates the contract in violation of the above provisions, it is an illegal termination of the contract, and not only is there no compensation, but the employer should be compensated for the losses. Legal basis
Labor Contract Law of the People's Republic of China
Article 36 The employer and the worker 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.
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Legal Analysis: Is There Any Compensation for Voluntary Resignation: If an employee voluntarily resigns and does not propose to terminate the labor contract based on the circumstances specified in Paragraph 1 of Article 38 of the Labor Contract Law, his voluntary resignation shall be presumed to be due to personal reasons.
After unilaterally terminating the employment contract, the employee's request for the employer to pay severance cannot be supported. In the event that an employer forces an employee to work by means of violence, threat or illegal restriction of personal freedom, or where the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee's voluntary resignation is deemed to be a termination of the labor relationship in accordance with the provisions of Article 38, Paragraph 2 of the Labor Contract Law, and the employer may be required to pay economic compensation in accordance with Article 4 and Article 16 of the Labor Contract Law.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) The employee terminates the labor contract in accordance with Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.
Article 38 of the Labor Contract Law of the People's Republic of China 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 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, threat, or illegal restriction of personal freedom, or if the employer violates rules and regulations by directing or forcibly repenting and endangering the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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If the employer is at fault, there is compensation for voluntary resignation. If the employee voluntarily resigns and causes losses to the employer, the employer may claim compensation, and the employee who voluntarily resigns does not enjoy any benefits. If an employee leaves the company in some cases, the employer is required to calculate the compensation based on the number of years he or she has worked with the employer.
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. Answer: The meaning of Xunzhi's voluntary resignation and unauthorized resignation is the same, both of which refer to the behavior of the employee who leaves his or her job and unit at will without greeting the employer. This kind of behavior of not saying goodbye is not in accordance with the law, and often causes economic losses to the employer, and the employer often has to investigate the responsibility of the employee.
Employers may treat employees who leave their jobs without authorization as absenteeism and remove them from work. According to state regulations, workers who voluntarily leave their jobs do not enjoy any benefits.
After reading the above, I believe you also know that whether there is compensation for the voluntary resignation of the employee also depends on the reason for the voluntary resignation of the employee. If the employee voluntarily leaves the job due to long-term absenteeism, then no compensation or compensation can be obtained. However, if the employee voluntarily resigns because of the illegal behavior of the employer, then he can receive a certain amount of severance compensation.
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1. If the employee is forced to resign, it is an illegal land termination of the labor contract, and the employer shall pay the compensation according to twice the compensation standard of the economic stove and Tanji, and the compensation here is 2n, and after the employer pays the compensation according to law, there is no need to pay other compensation, and there is no need to add one.
2. Labor Contract Law of the People's Republic of China
Article 47.
Severance shall be paid to the worker 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.
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.
Article 87.
If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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If an employee voluntarily leaves the company, the employer does not have to pay economic compensation if the employer is not at fault. If the unit is grossly at fault, it needs to pay economic compensation. Legal Objectivity:
Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (5) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the number of years of service in the employer and the standard of 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 the employee is less than six months old, he or she shall be paid half a month's salary as economic compensation.
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Summary. Hello, it is a pleasure to serve you <>
There are 10 kinds of compensation for voluntary resignation, but there are none, 1. If you resign automatically without signing a contract, you can get double salary and economic compensation. 2. The employee can terminate the labor contract at any time unconditionally, without the restriction of 30 days' written notice. In addition to terminating the employment contract during the probationary period, the employee has the right to request the employer to pay severance after the termination of the contract.
There are 10 types of compensation for voluntary resignation.
Hello, it is a pleasure to serve you <>
There are 10 kinds of compensation for voluntary resignation, which is none, 1. If you do not sign a contract, you can automatically resign and get double wages and economic compensation. 2. The employee can terminate the labor contract at any time unconditionally, and there is no restriction of 30 days' notice of written change. In addition to the termination of the labor contract during the probationary period, the employee has the right to request the employer to pay severance after the termination of the contract under other circumstances.
Legal basis: Article 32 of the Labor Law stipulates that: "Under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer of the state of starvation
1) During the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal liberty to force labor to move; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract. ”
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