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Termination of the labor contract is a right granted to the employee by Article 37 and Article 38 of the Labor Contract Law, and if you want to terminate the labor contract, you do not need to apply to the employer and the employer will approve it. The termination of the employment contract is your decision, and you only need to notify the employer in accordance with the law and prove that you have notified it in writing, then the procedure for terminating the employment contract is in accordance with the provisions of the Labor Contract Law, and you will not be liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer falls under one of the circumstances mentioned in Article 38 of the Employment Contract Law, you are not only not required to advance 30 days in advance, but can also claim economic compensation in accordance with Article 46 of the Labor Contract Law.
If the employer does not infringe upon your legitimate rights and interests, there is no economic compensation for you to terminate the employment contract. As long as there is no article 25 of the Labor Contract Law, it is illegal to stipulate that the liquidated damages to be borne by the employee are illegal.
After submitting the notice of termination of the labor contract, it does not matter whether it is approved or not, the key is to have someone sign for it as proof of the termination of the labor contract in accordance with the law, otherwise the bad unit will say that you have left the job voluntarily and have not submitted the resignation report, putting all the responsibility on you, and also finding an excuse for not paying your recent salary. If the employer does not pay your wages on the last day of work, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of wages and related economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.
1. I am .........If the employer infringes upon your legitimate rights and interests, it is better to state the reason so that it is convenient to present evidence later), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;
2. Please notify the company in writing (the notice must have a company seal, otherwise it is invalid) I hand over the work with someone on a certain day, if I do not receive a valid written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;
3. On the date of handover of work, please settle the salary and other related expenses stipulated in the Labor Contract Law in accordance with the provisions of Article 9 of the Interim Provisions on the Payment of Wages, and provide me with the certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).
For details of the time of payment of wages upon termination of the labor contract, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of the time of payment of severance payments, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, the employer may be required to pay additional compensation in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract.
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You can go and say hello to him every day, annoy him, he. I hate this kind of person the most.
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Tell him: If you don't let me go, I'll go to the labor bureau to sue you. Those bosses are afraid of lawsuits.
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Is there a contract? Are you a current student?
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Legal analysis: Students' work-study programs do not fall within the scope of the provisions of the labor law and are not subject to labor protection. Therefore, there is no provision in the Labor Law for the resignation of summer workers. However, summer workers generally sign a temporary labor contract, so resignation can be carried out in accordance with the contract.
Legal basis: Labor Contract Law of the People's Republic of China
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.
Article 38 Under any of the following circumstances, an employer may terminate a labor contract: (1) Failure to provide labor protection or working conditions in accordance with the provisions of 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 employer's imitation of crude rules and regulations violates the provisions of laws and regulations and harms the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Township Law; (6) Other circumstances in which laws and administrative regulations provide that a worker may terminate a labor contract. 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.
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Legal analysis: Labor disputes over summer vacation workers are currently difficult to solve, but if the worker has evidence, it can be reflected to the labor bureau to resolve the application for compensation and refund. The employee can mail a letter of resignation to the employer by courier, keep the express details and make a copy of the letter of resignation, and after the resignation expires, the employer will be required to pay his salary and go through the resignation procedures for him.
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, and a worker may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Legal analysis: The employee can mail a letter of resignation to the employer by courier, keep the express details and make a copy of the letter of resignation, and after the resignation expires, ask the employer to congratulate the employer on paying his salary and go through the resignation procedures for him.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China Article 7 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 labor contract by notifying the employer of the auction-based entity three days in advance.
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