A few questions about resignation, 100 copies are sent, thank you

1. Can I claim one month's salary if I resign now? If I can, then what difficulties I may encounter in getting this, and what problems should I pay attention to. (There is no economic compensation for the employee's resignation, in this case, if you want to claim compensation for one month's salary, the company must first violate the content of the contract, so that the contract cannot continue to be performed).

2. What is the impact of the language training agreement on me, and should I not pay him liquidated damages? Does this agreement work, and what role does it play? (That language protocol is.)

Signed before signing the contract) (This agreement is formally signed and is generally valid, but the specific compensation is based on the total amount of training Contract period The contract period has not been fulfilled, but the enterprise must have sufficient materials to explain the amount paid by the enterprise for training, if it is internal training or no expenses, you do not have to compensate

3. Is the probationary period considered to be within the contract period? (The probationary period is included in the contract period).

4. What should I do according to the laws and regulations of Chengdu? (Go to the local labor inspection department, it's the same all over the country, and now it's still the maintenance of laborers).

5. How to deal with the problems of social security and files? (If the social security leaves the original company, it will be sealed, and the subsequent payment will be renewed, and the file will be returned to the place where the account is located

6. There is a tricky problem is the matter of overtime wages, from October last year to April this year, the members of our group have almost 90 hours of overtime every month, but the company has never paid us overtime pay in accordance with the law, the company has divided the ability coefficient for each of us, at the beginning, the company discounted the overtime time according to their ability coefficient (the ability coefficient of our people is, so almost half of the time is lost overtime; Later, the company didn't bother to count overtime, on the grounds that your work was not completed well, and it was not counted as overtime, so I won't comment much. I would like to ask two questions from this question.

i. Can I ask the company to compensate me for my overtime pay? (The problem is that the overtime record is not on our side, and it may be difficult to obtain evidence if it is arbitrated) (You can ask for it, now it is advocated that the company provide evidence, but the company will falsify, and it is best if you can find someone else to confirm it).

ii. If I can't be compensated for my overtime pay, how can I claim compensation? Thank you (if it is confirmed that the overtime work situation has not been paid, and the labor inspection department verifies it, it will be given, otherwise it will apply for labor arbitration and rise to the level of law).

You are in breach of contract first! The company can ask you to pay liquidated damages! I don't recommend that you have a head-on confrontation with the company because you have no evidence in your favor! But if you do find a job that suits you, I suggest you pay that penalty!

You can go to your local labor department for advice. Or go to the trade union of the enterprise to talk. If you can't, you can sue that company.

If you lose the case, then you do; Even the other party's complaint fee has to be paid by you, you can go to a legal counselor to ask about it, they are more professional.

You can go to the Chengdu Legal Aid Center to find a legal aid lawyer.

The address is on the ninth floor of the traffic building on Genxia Street, Dongcheng.

1 Yes, because the company is in breach of contract, you are just in breach of the agreement, and the breach of contract is more serious than the breach of the agreement.

2. If you go later, it does not constitute a breach of contract.

3 (Article 19, Paragraph 4 of the Labor Contract Law).

4. Please consult the Chengdu Labor Bureau.

5. Social security can be paid according to one's own economic situation. The file can be held by oneself, or the employment unit is responsible for the transfer of the file when re-employed.

6 Yes, you can ask for it with your colleagues.

Go to the labor department to complain.

Check with your local labor department.

Under normal circumstances, employees and those who have not yet resigned at the same time, the company can go through the resignation procedures within one month, but your situation is not very normal, which will be said below.

I think the crux of the matter is that you must leave the current company, as far as possible not to waste the current opportunity, if the new company is a good company, but at the same time there is a question to pay attention to, that is, whether the new company minds that you and the original company have not terminated the labor contract, or did not get the resignation certificate, which has a certain risk for the new company, if you negotiate with the new company, the new company can accept, and if necessary, you will arbitrate with the original company without affecting the new company's opinion, It is possible to forcibly leave the job.

You can send a notice of termination of the employment contract to the existing company, informing it that it will terminate the employment contract with the company due to its failure to comply with the relevant laws and regulations of the country, so that the new company may be able to avoid some risks.

In addition, in order to protect your own interests, you can submit arbitration to the local labor arbitration department, including several aspects:

1. The company has not signed a labor contract with you and requires you to pay double wages, although you have signed but the company has not returned the contract (there is no proof of return), if this situation can be proved, it can be regarded as not signing a labor contract (of course, it depends on the arbitrator);

2. Pay all kinds of insurance (if you care, because you also have to make up a part);

3. Pay February salary and compensation (if you leave the company later, and the company does not pay your salary for no reason, this can claim compensation);

Of course, arbitration is time-consuming and energy-consuming, and it is necessary to prepare appropriate evidence, such as proof of working hours and wages.

A compromise is to talk to human resources, say that the company also has irregularities, and they also hope to leave smoothly, and at the same time said that they will fully cooperate with the handover, the two sides signed a negotiation to terminate the contract, exempt the enterprise from pension insurance and other supplementary payment responsibilities, so as to settle the salary and leave smoothly, so as not to lose both, but also do not give in too much, after all, now arbitration is to take care of the vulnerable groups, to have the determination to fight to the end to form a deterrent, so as to achieve the goal.

In fact, for work, everyone wants to have a job they are passionate about, and a good working environment and company system, I don't know your environment, but as far as you said, the insurance and the contract have not been obtained, after all, the company promised you something, but did not do it, you have done enough, as for the salary, it depends on your own ideas, after all, money is wanted, no one thinks too much, if you can go, hurry up!

First of all, according to the provisions of the Labor Contract Law, if the employer fails to pay social insurance for the employee in accordance with the law, the employee may terminate the employment contract at any time. Therefore, your resignation application can in fact be a unilateral termination of the employment contract on the grounds that the employer has failed to perform its statutory obligations.

Secondly, you can directly apply to the current company manager to terminate the labor contract and request that the salary be settled immediately, otherwise you will file a labor arbitration or report to the labor inspection department in accordance with the law and ask for payment of social insurance premiums.

Finally, if the current company cannot follow the above advice, you can directly report to the current company first, and then negotiate with the current company to deal with the problem of unpaid wages and insurance premiums.

Personally, I think that the current company is the first to lose, and I believe it will not do too much with you! Good luck!

You can bring your ID card, pay slip or salary card and written proof that you have formed a de facto labor relationship with the employer, go to the supervision brigade of the local labor and social security bureau to report that the unit has not paid social security to you during the three-year working period, and ask for compensation, and at the same time request to terminate the labor relationship, and you can leave the current employer smoothly.

You can submit a resignation application to the original company, if you do not reply, you can go to work in the new company, the reply is better, because your original company has not signed a labor contract with you one month later in accordance with the provisions of the labor contract law, you can maintain the right to complain and ask the company to pay the full salary of the current month and one month of compensation, and issue a certificate of termination of the labor contract.

When you don't have one thing in your hand, you can only have this thing. If you are willing to let go, you have the opportunity to choose something else, and if a person's mind clings to its own ideas and refuses to let go, then his wisdom can only reach a certain level.

1. I don't know if you are a regular worker, the law stipulates that the resignation of a regular worker should be submitted one month in advance, and the probationary period should be submitted 3 days in advance, and it is not appropriate for you to submit 10 days in advance if you are a regular worker.

2. You should negotiate with the company, if the company agrees that you will leave on the 20th, there is no problem, if you do not agree, there is no way.

3. When you leave your job, the company should settle your deposit and salary, otherwise you can apply for labor arbitration.

You can negotiate with the company, I think as long as the company recruits people, your work is handed over, generally as long as the work is handed over well, it is not a big problem, these things are negotiable

The key is the next company. If the company is good, the salary is high, and you are required to start working as soon as possible, then don't worry about the deposit and salary. Negotiate with the boss who left the company to settle it, and they are all mixed in the circle, for the sake of each other's reputation, I believe that they can be satisfactorily resolved. Good luck!

1. Article 5, the labor contract must be put into the file. If the company does not have the qualification to keep files, it can put the labor contract into the personal file through the talent market file window. If you really can't put it in, you can also keep it in your own hands, but you have to keep it carefully, and put it back in later.

2. According to the provisions of the labor law, the probation period is within the labor period. Signing the probationary period outside the working period is a trick played by many units, stepping on the red line of laws and regulations and encroaching on the interests of workers. Through negotiation, the employer can issue a labor certificate stating the employee's situation during the probationary period.

However, if the unit can do the above things, it is estimated that it will not be very happy to issue this certificate.

3. If there is a gap in social security, you need to make up the payment. Under normal circumstances, it is the individual who goes to the institution designated by the social security to make up the payment, or the talent market, or the designated bank. Only after the supplementary payment can be transferred to the new unit.

4. The first and second articles are together, but according to the company's situation and negotiation. If the employer has already issued a letter of termination of the labor contract at the time of resignation, it can be considered that the employer has admitted your behavior during your employment, and you do not need to be held liable for the above behavior. If there is no relevant material to prove it, you have the obligation to assist the unit to do a good job in the aftermath, after all, you also want to know about the matter.

There are also units that cannot refuse to go through the formalities for you or seize documents, wages, compensation, etc.

5. To give you a suggestion, you can go to the local labor picket department for consultation, and then go to the labor arbitration for consultation.

This is the case in informal companies, where the entry and exit of personnel cannot be handled in place. If you do things according to the labor law, there will be so many tails pulling around.

(1) Unlawful.

2) Unlawful.

3) It depends on whether the resignation requirements in the signed contract require the resignation to be submitted in person. If there is no explicit method of submission, it is OK to send it by e-mail. It can be sent directly to the human resources department, or it can be sent to the relevant leadership email address of the human resources department.

iv) Yes. If under the influence of (1), the Labor Bureau will definitely be able to obtain compensation.

After successfully submitting the resignation report, it is illegal for the company to embarrass the resignation through overtime and shifts.

The best way to do this is to negotiate with the company to resolve the issue.

First of all, explain the reason for your resignation to the company. If you feel that you can't save face, find some force majeure factors to explain the reason, such as marriage, funeral, etc., as well as your own physical reasons.

In the event that the company agrees in principle with your resignation, determine a general timetable and say when you have to leave, etc.

In this case, you still need to do the company's normal overtime and shifts. You can refuse abnormal overtime and shifts.

In short, take into account the company's situation and grasp it flexibly.

Hope the above answer can help the landlord

This unit is too informal, it is recommended that you find the labor arbitration department, they will help you. There is also a general written application for resignation, you can leave after a month, and if the employer is in arrears of wages, you can still ask the labor department for help.

I don't know much about this, because I haven't encountered a situation like you, but I have heard some things from the company when I resigned, so I don't dare to make a conclusion, you still call**ask, the general labor and social security**is: 12333,. Hope it helps.