When I left my job, the employer asked me to compensate for one month s salary, otherwise I would no

There is only a de facto employment relationship, and there is no such thing as a "de facto employment contract".

According to the Ministry of Labor and Social Security's Notice on Matters Concerning the Establishment of Labor Relations (No. 12 of 2005) issued by the Ministry of Labor and Social Security

1. The employment relationship shall be established if the employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

3. If the employer recruits a worker in accordance with the circumstances specified in Article 1, the employer shall sign a supplementary labor contract with the employee, and the term of the labor contract shall be determined by both parties through consultation. If there is no agreement through negotiation, either party may propose to terminate the employment relationship, but for the employee who meets the conditions for signing an indefinite-term labor contract, if the employee proposes to conclude an indefinite-term labor contract, the employer shall conclude it.

If the employer proposes to terminate the labor relationship, it shall pay the employee one month's salary for each full year of service in the employer.

Therefore, only the employer needs to pay you one month's salary for one year when you dismiss you, and you do not need to pay any compensation if you resign.

Since the employer has not signed an employment contract with you, you can resign at any time. No penalty is required. If the employer withholds your wages without reason, you can apply for labor arbitration.

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If the company suddenly resigns the employee, it is a non-fault dismissal, and the employee shall be paid economic compensation, and one month's salary shall be paid for each full year according to the number of years the employee has worked in the employer; if it is an illegal dismissal, the compensation shall be paid according to the standard of double economic compensation; If it is a negligent dismissal, no compensation is required.

1. The Labor Law on the standard of compensation for dismissal.

Labor Law on the standard of compensation for dismissal: If the employee falls under one of the circumstances specified in Article 46 of the Labor Contract Law, the severance 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 employer; if it is an illegal dismissal, the compensation shall be paid at twice the standard of economic compensation; If the dismissal is faulty, the employer does not need to compensate for the dismissal.

2. How to solve the issue of compensation standards for dismissal under the Labor Law.

Labor Law Compensation Standard for Dismissal: Compensation is not required for negligent dismissal by the employer; For illegal dismissal, compensation shall be paid at twice the standard of economic compensation; If the employer dismisses the employee without fault, it shall pay economic compensation to the employee. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.

3. Is there any compensation for the dismissal of contract workers?

If a contract worker is dismissed, the employer shall pay economic compensation to the employee. In case of illegal dismissal, the employer shall pay compensation to the employee at twice the standard of economic compensation; If the dismissal is faulty, the employer does not need to compensate for the dismissal. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.

Article 42 of the Labor Contract Law of the People's Republic of China.

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:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

It is unreasonable to compensate the company for voluntary resignation equivalent to three months' salary.

According to the provisions of the Labor Contract Law, resignation is the legal right of the employee, but the employer should be notified 30 days in advance, and if the loss is caused to the unit due to the direct resignation without prior notice, the employer shall be liable for compensation, and if the loss is not caused, there shall be no liability for compensation; If the unit provides special training expenses for employees, provides them with professional and technical training and agrees on the service period, and the employee resigns during the service period, the liquidated damages borne shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

Therefore, in any case, the provision that "voluntary resignation shall be compensated by the company equivalent to three months' salary" is unreasonable.

Labor Contract Law

Article 22 Where an employer provides a laborer with special training expenses and provides him with professional and technical training, it may enter into an agreement with the laborer to stipulate the period of service.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

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It is unreasonable for the company to suddenly let you leave your job without compensation, and also let you pay five insurances for the next month. If an employee leaves the company, he should of course be given financial compensation. If the employer fails to pay social insurance premiums, the employee may terminate the labor contract.

According to Article 36 of the Labor Contract Law, it is a situation where the two parties negotiate to terminate the labor contract after the employee submits his resignation. In this case, the employer shall pay economic compensation only if the employer proposes to terminate the labor contract to the employee and the employee agrees to terminate the labor contract through consultation.

Is it reasonable for the company to suddenly let me leave without compensation, and let me pay the five insurances for the next month?

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It is unreasonable for the company to suddenly let you leave your job without compensation, and also let you pay five insurances for the next month. If an employee leaves the company, he should of course be given financial compensation. If the employer fails to pay social insurance premiums, the employee may terminate the labor contract.

According to Article 36 of the Labor Contract Law, it is a situation where the two parties negotiate to terminate the labor contract after the employee submits his resignation. In this case, the employer shall pay economic compensation only if the employer proposes to terminate the labor contract to the employee and the employee agrees to terminate the labor contract through consultation.

Legal basis: Article 100 of the Labor Law of the People's Republic of China stipulates that if an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit. At the same time, if the employer fails to pay social security premiums in accordance with the law and fails to make up the payment, the employee still has the right to recover compensation.

1. The labor contract may be terminated by mutual agreement of the parties to the labor contract. Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation. If an employer is on the verge of bankruptcy and undergoing statutory rectification or has serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and may lay off the personnel after reporting to the labor administrative department. Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within 6 months, it shall give priority to hiring the personnel who have been laid off.

If the above conditions are met, you can receive financial compensation for the termination or termination of the contract. You can negotiate with your employer to terminate the employment contract and get some compensation. As for the double salary, it is difficult because you have been working for this company, and your employment contract has been converted into an indefinite employment contract.

2 As long as you have purchased unemployment insurance, you can apply for subsidies in the state of unemployment At the same time, there are certain conditions for enjoying unemployment benefits:

1) Participate in unemployment insurance in accordance with the regulations, and the employer and the person have fulfilled the obligation to pay contributions for more than one year in accordance with the regulations;

2) Interrupting employment within the legal working age not due to one's own will;

3) Those who have been registered as unemployed and job-seeking in accordance with the regulations. As long as the above conditions are met, you can enjoy unemployment insurance benefits. The receipt of unemployment benefits is regulated in the following respects:

Those who have paid for one year but less than two years can receive three months of unemployment benefits, and those who have paid two years but less than three years are six months, and so on, the longest period is not more than 24 months, that is, two years. The formalities include unemployment certificate, certificate of termination of labor relationship, unemployment registration, ID card, etc. The relevant procedures need to be completed within 60 days from the date of termination of the employment relationship.

If you have to leave your job after working in the unit for three months, the unit has not applied for pension insurance, and the unit needs to pay compensation.

The dispute between the employer and the employee over the payment of pension insurance is a labor dispute, and the limitation period for applying for arbitration in a labor dispute is one year. Therefore, within one year after the employee leaves the company, the employee can request the employer to compensate for the losses caused by the failure to pay the basic pension insurance for the employee.