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The employer and the employee may terminate the labor contract if they reach an agreement through consultation.
The employee may terminate the 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.
The employee may terminate the 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;
2) Failure to pay labor remuneration 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 workers;
5) The labor contract is invalid due to one of the following circumstances:
1. The employer uses fraud, coercion or taking advantage of the danger of others to cause the employee to conclude or modify the labor contract contrary to his true intentions;
2. The employer exempts itself from statutory liability and excludes the rights of employees;
3. Violating the mandatory provisions of laws and administrative regulations;
6) Other circumstances under which the labor contract may be terminated 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.
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It is your right to resign, no matter what the reason, if you decide, ask the leader for approval, as long as you keep looking for him, you will approve it. Don't let the money be deducted.
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Seeing your work shadow does not affect the fetus.
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Resignation has nothing to do with your pregnancy, generally resignation needs to be submitted a month in advance, and there should be such a statement in your company's employee handbook.
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The current employee is pregnant and wants to quit her job. You don't have to leave your job after a month. You can leave immediately, and you can negotiate with the factory, because pregnancy is a special situation.
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It is necessary to negotiate, because it is said that a month in advance, in fact, it is possible to find a handover person and leave early, but if the company has not recruited anyone for a month, then it has been a month early to leave the resignation statement report.
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You can negotiate to solve it, and if you can't negotiate, you can ask the hospital to help you issue a sick leave bill, and then you can leave your job when the time comes.
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No. Unless the unit agrees. The reason why a month in advance is required is because the employer needs to recruit or arrange personnel to take over and carry out the work smoothly. There will be no faults. Personal opinion, for reference only.
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Such a special person will generally choose to take care of it, as long as you don't think about it, the company will allow you to leave in advance. You can leave after you have completed the formalities, and you will not be asked to work for so long.
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According to the provisions of the labor law, resignation should be submitted in writing one month in advance, and the resignation can only be done after approval. This month is the maximum waiting period of one month, and if the employer quickly agrees to resign, there is no need to wait for one month. However, if you still do not get approval after waiting for a month, you can leave your job directly.
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Why should you leave your job when you are pregnant, and why you should not take maternity leave. The labor law clearly stipulates that pregnant women are entitled to legal pregnancy leave! The company shall not dismiss a pregnant woman for any reason or reason! It is better to take time off, take reasonable leave, and deserve it. Then make a decision whether to go or stay!
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During pregnancy, the employee should also notify the employer in writing 30 days in advance in accordance with the provisions of the Labor Contract Law, and then she can leave.
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If an incumbent employee is pregnant and wants to resign, it depends on the situation whether it takes a month before he can resign.
According to the labor law, it takes up to a month to resign. But as long as the leader approves it, you can leave at any time...
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If you want to resign, it doesn't mean that you can leave right away, the general unit is not allowed, and the regular unit submits the resignation one month in advance, but if there is a special reason, the unit leader will also consider it.
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In principle, according to the labor contract you signed, if you sign the labor contract, you are required to submit your resignation one month or 30 days in advance, so that you can do it, but since you have a special situation and are pregnant, you can resign. If you sign a labor contract, the requirement is to submit your resignation one month or 30 days in advance, so that you can, but since your situation is special and you are pregnant, if you leave your job, you can go to the hospital to issue a sick leave certificate, so that you can take a month's leave, and secondly, you can discuss directly with the company, because in your case, The company will still consider it in your direction, because after all, you are in a pregnant state, so you may be inclined to be more in this regard, well, it should not, it is too difficult for you to do this, as long as you explain your own situation clearly. I think it's negotiable.
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If an in-service employee is pregnant and wants to resign, he or she does not have to leave after a month, but can leave immediately after the consent of the unit and the arrangement of personnel.
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An employee wants to quit her job while pregnant. Of course, you can't leave until a month after you submit your resignation. If there is a home of suitable personnel. Dock your work. The company also agrees that you can leave early.
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If you want to leave immediately, you can negotiate with the company, for your special situation, I believe the company can also understand, but generally if you want to leave in advance, you need to hand over the work clearly!
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If the employee needs to leave in advance for personal reasons, then he can negotiate with the unit, but it is a bit irresponsible to leave immediately, and the resignation and handover reflects a person's professional ethics and quality, and it is recommended to hand over the work with high quality and strive to leave as soon as possible.
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I don't think you have to quit a month in advance if you want to quit a month if you are pregnant, but if you have to be a month, you can take sick leave to rest at home. FYI.
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If you are pregnant, you can ask for leave, and the unit shall not be fired, otherwise it will violate the labor law, and it can be arbitrated, is it not good to take paid leave? And wages may not be deducted. Even if you are fired, you can still receive unemployment benefits, so it is not cost-effective to quit your job!
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If an employee is pregnant and wants to resign, does it have to be a month before he can leave the job? If you can't leave right away, indeed, according to your resignation report, you should leave within your specified resignation period.
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According to Article 36 of the Labor Contract Law, the employment relationship can be terminated if the two parties reach a consensus through consultation.
However, once the employment relationship with the employer is terminated, the subsequent social security including maternity reimbursement will be affected, so it is recommended to consider it carefully.
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Regarding this, it depends on your employer, well, about the relevant requirements for resignation, well, this should have nothing to do with whether you are pregnant or not, it is the resignation requirement of your employer.
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You can leave immediately, just submit your resignation report and leave. It's just a loss of salary, and if you can leave for a month, most of them are because the work in hand must be explained clearly, otherwise the company will take corresponding measures.
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Is it necessary for an incumbent employee to resign after a month if she is pregnant and can't leave immediately? I think that the unit should take into account the physical condition of the pregnant employee and should be able to give him special approval.
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This mainly depends on the different decisions of each company, you can follow the process to submit a resignation application with the company first, and then indicate your situation, I believe that the company will not let you leave without waiting for a month, and will take care of your ideas.
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This depends on the situation of your unit, and there are a lot of things in your unit, and it has not been handed over yet, so you must not be able to resign, which is also a kind of regulation.
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If you take the initiative to resign, you need to negotiate with the company, and the company has the right to keep the employee for one month for work handover. However, it is also possible to leave within 1 month after consultation with the company.
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Employees who are pregnant do not need to resign and can take paid leave. If he wants to eat you, you can go to the labor bureau and report that the pregnant woman cannot be dismissed. Only.
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The normal process is like this, but if you have someone who knows how to do it, and the situation is urgent, you can communicate with the leader or something, you can leave early.
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In fact, this is not necessarily, it still depends on your work environment, if the environment is not suitable for pregnant women, you should be able to leave immediately.
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Your situation depends on the situation, for example, if you need to go through the connection procedures due to the nature of your work, you can't leave immediately.
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If you really want to leave early, you can make it clear to your superiors that pregnancy is a big deal, and you will consider human feelings.
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You can leave immediately, you can just communicate with the above for this resignation, there is no problem with this.
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If an employee resigns, he or she should apply to the company for negotiation in advance, and the company can agree to leave the company after reasonable arrangements.
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If you do not go to work many times during pregnancy and are absent from work without reason, it is a serious violation of the rules and regulations of the unit, and the unit may dismiss you.
1. Can the company dismiss me if the leave is unqualified?
If the leave is taken without approval, it can be dismissed if it constitutes absenteeism in accordance with the company's rules and regulations, and whether the company can dismiss in other cases, if the dismissal is twice the economic compensation standard, the employee needs to pay compensation according to twice the economic compensation standard.
Article 48 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
Article 87 stipulates that 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 economic compensation standard stipulated in Article 47 of this Law.
Second, if you are not absent from work, you will not be dismissed.
If there are provisions in the rules and regulations of the unit, absenteeism and resignation are one of the circumstances that can be dismissed. The employee has seriously violated the rules and regulations of the employer; Those who have been pursued for criminal responsibility in accordance with law; In the event of serious dereliction of duty, malpractice for personal gain, causing significant damage to the employer, etc., the employer may unilaterally terminate the labor contract, which is regarded as dismissal.
3. How to punish absenteeism once.
Absenteeism is an absence from work in which an employee does not take leave on a normal working day or does not approve the leave. Absenteeism is counted as a working day. In the rules and regulations of employers, the penalties for unexcused absenteeism vary from work.
Depending on the severity of the circumstances, there will be penalties such as wage deduction and demotion, and if the circumstances are particularly serious, the employer may terminate the labor contract.
According to Article 39 of the Labor Contract Law, if an employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract.
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As long as the female employee is pregnant, giving birth or breastfeeding, the employer cannot dismiss the employee. Where a female employee is pregnant, giving birth, or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law.
1. Can I be dismissed by the company during pregnancy?
The company cannot dismiss an employee while pregnant. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation. According to Paragraph 4 of Article 42 of the Labor Contract Law, if an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:
4) Female employees are pregnant, giving birth, or breastfeeding.
2. Is there any provision for deducting wages for maternity leave?
There is no deduction of wages for maternity leave. According to the labor protection regulations for female employees implemented in China, the maternity leave for female employees is 90 days, including 15 days of prenatal leave, 15 days of additional maternity leave for difficult births, and 15 days of additional maternity leave for each additional baby born in the case of multiple births. It also stipulates that employers shall not reduce the basic salary of female employees during pregnancy, childbirth or breastfeeding, or terminate labor contracts, and make corresponding regulations on the labor intensity, working hours, and prenatal examination of female employees during pregnancy, childbirth, and lactation.
3. What compensation should be borne during lactation?
As long as a contract has been signed with the employer, whether it is a labor contract or a labor contract, in fact, it can be called a contract worker, then the employer should effectively protect the legitimate rights and interests of the employee, especially for female employees, during pregnancy, childbirth, and breastfeeding, under normal circumstances, female employees cannot be dismissed, of course, if there are special circumstances, the labor contract can still be terminated in advance. If the employer illegally dismisses a female employee during the breastfeeding period, it needs to make corresponding compensation.
Paragraph 4 of Article 42 of the Labor Contract Law of the People's Republic of China stipulates that if a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law.
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If you want to apply for divorce after one month of pregnancy, you can negotiate with the other party to deal with it, or you can file a lawsuit with the people's court. According to Chinese law, the man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
Article 1082 of the Civil Code of the People's Republic of China provides that the husband shall not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or where the people's court deems it necessary to accept the man's request for divorce. Article 1081 of the Civil Code of the People's Republic of China provides that the spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the servicemen has major faults.
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