Can I resign under Article 38 of the Labor Contract Law?

What you have to do is not to resign, because if you resign voluntarily, the company can not give you any compensation. Since the employment contract stipulates that the place of work is in Changchun City, you can not accept the transfer on the grounds that your personal family situation cannot accept the transfer. In this way, it is possible to further propose to negotiate with the company to terminate the employment contract.

According to the provisions of the Labor Contract Law, you can basically compensate for 1 month's salary for every year of service, up to 12 months.

The resignation may be submitted, but the basis is wrong, and it should be based on Article 29 The employer and the employee shall fully perform their respective obligations in accordance with the provisions of the labor contract. If the unit resigns voluntarily, the unit will not give compensation, and only those who resign can claim compensation unless the unit breaches the contract. Recommendations:

Do not take the initiative to put forward the title, nor obey the arrangement of the unit (the reason is that the employer violates the labor contract), so that the employer can propose to terminate the contract, so that compensation can be claimed.

According to Article 35 of the Labor Contract Law of the People's Republic of China, "the employer and the employee may change the content of the labor contract if they reach a consensus through consultation." The so-called principle of consensus means that the employee and the employer should reach an agreement on whether to change the contract and the content of the change through negotiation between the two parties. The application of the principle of consensus in the modification of labor contracts is to allow both parties to fully express their true intentions and protect the interests of all parties fairly.

Since the place of work is an agreeable part of the employment contract, according to Article 35, if the employee's place of work changes, the parties must follow the principle of consensus.

Second, if you are temporarily transferred to another place of work, you should obey, otherwise the employer may terminate the labor contract for you if you do not obey the management and may not pay economic compensation. In the case of a long-term transfer, you do not obey and do not have to resign, because the resignation in such a situation does not comply with the provisions of article 38, paragraph 1. If an employee resigns, he or she will not receive financial compensation.

If the place of work is specified in the employment contract, you can terminate the employment contract on the basis of this clause.

Article 38 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 provisions of the labor contract;

Excuse me; Is there any allowance for quitting after working for the same employer for more than four years?

According to the relevant provisions of the Labor Contract Law of the People's Republic of China, the compensation for resignation under Article 38 of the Labor Law is mainly calculated according to the time the employee works in the unit and his salary, of which the employer shall pay the employee one month's salary for each full year of work, and the calculation shall be calculated according to one year if the employee has worked for 6 months but less than one year; For those less than six months, it will be calculated on a monthly basis.

Article 38 stipulates that an employee may unilaterally terminate an employment contract under any of the following circumstances:

1. The employer fails to provide corresponding protection or working conditions to the employee in accordance with the provisions of the labor contract;

2. The employer fails to pay the employee's remuneration in time and in full;

3. The employer fails to pay social insurance premiums for the employee in accordance with the law;

4. The rules and regulations implemented by the employer violate laws and regulations, or damage the rights and interests of employees;

5. The labor contract is invalid due to other reasons;

6. Other circumstances stipulated by laws and regulations.

Article 38 of the Labor Contract Law of the People's Republic of China provides that the employee unilaterally terminates the labor contract.

The employer may terminate the labor contract under any of the following circumstances: (1) the employee fails to provide labor protection or working conditions in accordance with the labor contract; (2) Failing to pay the labor report 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, 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.

In the case of resignation in accordance with Article 38 of the Labor Contract Law, the employee may file a labor arbitration claim for severance compensation, which is calculated on the basis and method of Article 47, i.e., one month's salary shall be paid for each full year of work, the number of monthly wages shall be paid for less than 6 months, and the wages of one month shall be paid for more than 6 months and less than 1 year.

Article 38 of the Labor Law stipulates that the employee may terminate the employment contract with the enterprise immediately. If you do not rush to the mu, you need to notify the situation of the enterprise fiber industry. There is no such thing as a resignation compensation.

If you take the initiative to resign, the company will not pay compensation to Shanshijin. Only if the company dismisses you, you will only be compensated. Compensation can also be paid for the bankruptcy of the enterprise.

If you resign voluntarily, the company will not compensate you, and you can't go through the procedures for obtaining unemployment benefits. Only if the employer dismisses the employee within the contract period, the employer shall give corresponding compensation in accordance with the labor law.

According to the provisions of the Labor Contract Law, if the employees of the enterprise Hengyoushu complain that they resign or leave the company voluntarily, there is no compensation. Of course, if the company dismisses or does not renew the contract for various reasons, then there is a certain amount of compensation.

Businesses should be financially compensated. Resignation under Article 38 is considered forced resignation, and the employer may be required to pay severance to the employer.

If a worker resigns or terminates a labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the worker.

According to the current labor law, if an employee resigns from his or her job, the company will give a certain amount of compensation, that is, if the employee has worked in the company for one year, he can be compensated for one month's salary.

Does the company compensate for resignation under Article 38 of Labor Law? Article 38 of the Labor Contract Law resigns from the enterprise, what is the reason for your resignation? The salary of the month when you resign, depending on the day you resigned, you will be compensated for the number of rocks, and there will be no compensation for the rest.

This should imitate the source of the situation, and the voluntary resignation is not prepared to have compensation. If you are forced to resign, you have to pay compensation, but too many companies are unwilling to pay you, and do everything possible to let you resign voluntarily.

If you voluntarily resign, the enterprise will not be compensated, and if the enterprise terminates the labor contract, there will be compensation.

If you resign yourself, you don't need to be compensated.

There is no compensation for voluntary resignation.

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Article 38 of Qi Hong's Labor Contract Law clearly stipulates the circumstances under which an employee may unilaterally terminate a labor contract, and the specific circumstances are as follows: 1. Failure to provide labor protection or working conditions in accordance with the labor contract; 2. Failure to pay the labor compensation 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 due to the circumstances specified in Paragraph 1 of Article 26 of the Labor Contract Law; 6. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations;

Questions. How to compensate for the dismissal of employees?

Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the company.

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 an employee in the previous year as announced by the people of the municipality directly under the Central Government or the city level 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 severance shall not exceed 12 years. The term "monthly wage" as used in this article refers to the average wage of a worker in the 12 months prior to the termination or termination of the contract.

The company does not need compensation or compensation for the dismissal of an employee under any of the following circumstances: (1) it is proved that he does not meet the employment conditions during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Article 37 of the Labor Law of the People's Republic of China The employer shall reasonably determine the labor quota and piece-rate remuneration standards for workers who work on a piece-rate basis in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 The employer shall ensure that the worker has at least one day off per week.