I signed a labor contract, but the old man is sick and needs to be taken care of, can I resign immed

After signing a labor contract, but the elderly are sick and need to be taken care of, the employee may negotiate with the employer to terminate the labor contract, and with the consent of the employer, the employee can immediately go through the resignation procedures.

If the employee proposes to terminate the labor contract through negotiation with the employer, the employer does not need to pay severance to the employee if the employer agrees to the situation that does not fall under Article 36 of the Labor Contract Law.

Labor Contract Law

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of 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.

The employment contract generally stipulates that if the employee proposes to terminate the employment contract, the employer is generally required to notify the employer one month in advance, but you can negotiate with the employer according to your actual situation. That is, you directly submit your resignation, and then complete the handover.

Legal Mu Na Analysis:

The employer and the employee may terminate the labor contract immediately if they reach an agreement through consultation. Otherwise, the employer shall be notified in writing 30 days in advance.

Legal basis: Labor Contract Law of the People's Republic of China Article 37 An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the contract by notifying the employer three days in advance.

Legal analysis: It is recommended to take personal leave first, and then continue to work after you get well. If it is a resignation, the probationary period is three days in advance; After the expiration of the probationary period, the resignation must be submitted one month in advance.

Of course, in some units, if an employee can be replaced by someone else after resigning, he may agree to leave as soon as possible.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China stipulates that if an employee submits a written resignation 30 days in advance, he or she may leave the company without the approval of the employer. Among them, the probationary period is 3 days in advance, and the written proposer is obliged to settle the salary and go through the resignation procedures.

After signing the labor contract, I need to resign immediately due to physical reasons, and it is recommended that both parties resign through consultation. The employer will generally agree, otherwise the employee can take sick leave, and the employer will pay the sick leave pay.

According to Article 36 of the Labor Contract Law of the People's Republic of China, the employer and the employee may terminate the labor contract if they reach a consensus through consultation.

Article 59 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates that during the period of illness or non-work-related injury, the enterprise shall pay sick pay or sickness relief expenses in accordance with the relevant provisions within the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but not less than 80 percent of the minimum wage standard.

1. There are three situations in which an individual proposes to resign:

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

Labor Contract Law!