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There is no subsidy for voluntary resignation. There is compensation for dismissal without fault, and there is no compensation for dismissal for mistakes. If a very serious mistake is made and causes significant losses to the company, the company may dismiss the employee in accordance with the law and require the employee to compensate the company for the loss.
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1. There are three situations in which an employee proposes to terminate the labor contract (resignation): First, if the employee proposes to terminate the labor contract (resign) in accordance with the provisions of Article 37 of the Labor Contract Law, that is, notify the employer 30 days in advance (3 days during the probation period) without the approval of the employer. However, the employer is not liable for economic compensation; Second, the termination of the labor contract (resignation) in accordance with the provisions of Article 38 of the Labor and Tower Law does not need to be approved 30 days in advance, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law; Third, if the employee terminates the labor contract illegally without any basis (self-departure), the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with Article 90 of the Labor Contract Law.
The employer may deduct wages as compensation.
2. Therefore, it is very important to have a legitimate reason for resignation, as long as the reason is legitimate, any employer can not refuse, of course, if there is no legal reason, not only can you not go, you are gone, the unit will also find you trouble, not to mention that you will not get compensation, but you will also be asked to pay liquidated damages, and you will not go through the resignation procedures, which will cause trouble for your future employment.
3. It is recommended that you refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, such as not signing the labor contract, not arranging working hours in accordance with national regulations, not paying labor remuneration in full and on time, not paying overtime wages for overtime, collecting deposits, and not establishing national statutory social insurance for employees on time.
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Yes, if the company resigns from its job, there is no compensation, only the bankruptcy of the company.
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After working in the company, is there any subsidy for resigning after eight years? Is it dismissal to pay compensation? If you leave voluntarily, you probably can't be compensated, if you are fired by the factory. There is a subsidy.
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After reading your problem and description, I feel that there is no compensation for resignation, but only for dismissal. If you have worked for 8 years, you will be compensated for 8 months' salary. I hope I can help you.
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If you resign by yourself without compensation, even if you have worked for eight years, you will only be compensated if you are dismissed by the company.
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Generally speaking, if you voluntarily resign, there is generally no compensation, and passive resignation is possible.
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There is no compensation for your voluntary resignation, and the law stipulates that the company will take the initiative to dismiss you and violate the contract, and the corresponding compensation will be given.
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If you resign yourself, there is no seniority compensation, and seniority compensation is required only for dismissal, and at least a few months' salary will be compensated for a few years of service.
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If you work in the company for half a year, if the company dismisses you, according to the provisions of the labor contract, there must be corresponding compensation.
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After being slaughtered, come back and wear it to Qiandao Lake, estimate the labor and the contract with a fixed term, that one will definitely lose money.
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If you apply for resignation on your own, there will be no compensation no matter how many years you have worked.
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After working in the company for eight years, you want to quit your job, ask if there is a subsidy, I want to say that according to the signed contract, you must have the spirit of contract, don't be unreasonable, this is what you should do.
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According to the Labor Law, one year's service is compensated for one month's salary, and eight years' service should be compensated for eight months' wages.
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If you have worked in the company for 8 years and are now dismissed by the company, the company can give you compensation, one month's salary for one year.
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Answer: Severance compensation is paid to the employee according to the number of years of service in the employer, and one month's salary is paid 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.
2. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the payable wage.
3. If it is an illegal dismissal, you need to pay double the compensation.
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First of all, it depends on what reason is dismissed, if the dismissal is legal, then the unit does not need to pay economic compensation.
In the case of illegal termination, the compensation is calculated according to the number of years of service, at least 16 years.
If the employer wants to terminate with you by mutual agreement, it is to pay 9 months of economic compensation.
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At least eight years of your salary will be compensated, and you will have to go through the procedures for receiving unemployment insurance and receive unemployment benefits.
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If the labor contract is terminated through negotiation, 8+? Months? You will need to negotiate with the company.
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It can be in accordance with the Labor Contract Law.
Ask the company for compensation.
Compensation standards for employees who are dismissed by the company.
You can go to your local labor arbitration office for consultation.
It can also be based on the recommendations of labor arbitration.
Hire a lawyer to sue for compensation.
In this way, it is possible to maximize the effectiveness of the
Obtain liquidated damages from the company.
It's been eight years, and I have to get tens of thousands of flowers.
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Legal analysis]: Voluntary resignation due to personal reasons is a hall without compensation. When a worker resigns, he or she must comply with the legal procedures, and there are two ways to pretend to resign for his own reasons:
1. Submit a resignation application and reach an agreement with the employer; 2. Notify the employer in writing 30 days in advance, without the approval of the employer, and at the end of 30 days, the employer shall go through the procedures for terminating the labor contract and settle the wages of Henai. If the employee terminates the labor contract in violation of the law, he or she shall compensate the employer for the loss.
Legal basisArticle 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.
Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
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If the employer terminates the employment relationship with you (or dismissal or dismissal) and divides it into the following four situations, if you should pay economic compensation or compensation but do not pay you, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests
1. If the employer terminates the labor relationship with you without any reason, and you do not have the circumstances stipulated in Article 39 of the Labor Contract Law (the employee is seriously at fault), and the termination is not agreed with you, it is an illegal termination of the labor contract, and you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;
2. The employer shall pay severance to the employees in accordance with the conditions and procedures stipulated in Article 41 (Economic Layoffs) of the Labor Contract Law. That is, you will be paid one month's salary for each year of service, n; In accordance with Article 40 of the Labor Contract Law (notice of termination, not due to the fault of the employee), and you have not given 1 month's notice in advance, you shall also pay 1 month's salary in lieu of notice, n+1;
3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if the employer terminates the labor relationship with you; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.
4. If the employer takes the initiative to terminate the labor contract through negotiation between the two parties, severance shall be paid.
Labor Contract Law: Article 1.
Article 19 of the Regulations for the Implementation of the Labor Contract Law.
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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 stipulated in Article 47 of the Labor Contract Law.
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Depending on how the company handles it, there is generally a compensation.
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Legal Analysis: If an employer dissolves or terminates a labor contract in violation of the law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation. If you have worked for the company for 8 years, the compensation is 16 months' salary.
Legal basis: 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 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 celebration is less than six months, the worker shall be paid half a month's salary as economic compensation.
If the monthly wage of a worker is three times higher than the average monthly wage of employees in the previous year 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid 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 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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If Qi Yinguo was dismissed after working in the unit for 8 years, it was made in accordance with Article 39 of the Labor Contract Law, which was in accordance with the law and there was no economic compensation.
If the employee is dismissed without reason, he or she is suspected of illegally terminating the labor contract and shall bear the legal responsibility of paying twice the compensation stipulated in Article 87 of the Labor Contract Law. That is, two months' wages for every year of work, and one month's salary for less than six months.
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Compensation for 8 months' salary, double the compensation if there is no written notice.
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