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Anonymous users2024-02-08As long as the employee begins to provide labor, regardless of whether the two parties have signed a labor contract, the labor relationship between them has been established, and if it is to be terminated, it shall be carried out in accordance with the law.
The employee may terminate the labor contract under any of the following circumstances:
1.Failure to provide labor protection or working conditions as agreed in the labor contract;
2.Failure to pay labor remuneration in full and in a timely manner;
3.Failure to pay social insurance 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 employer signs the labor contract by fraud, coercion or other means, resulting in the invalidity or partial invalidity of the labor contract;
6.Other circumstances stipulated by laws and regulations.
Legal basis] According to Article 37 of the Labor Contract Law, an employee 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.
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Anonymous users2024-02-07In our life and work, it is very likely to encounter such a problem, can I resign and leave at any time if I work in the company but have not signed a labor contract? According to Article 38 of the Labor Contract Law, an employee may terminate a labor contract if the employer falls under any of the following circumstances.
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Anonymous users2024-02-06Legal analysis: If there is no written labor contract, the employee can terminate the labor relationship at any time without 30 days in advance.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall be based on the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 36 The employer and the worker may terminate the labor contract if the negotiation is unanimous.
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Anonymous users2024-02-05Legal analysis: It is not allowed to leave the job at will without signing a labor contract, as long as the employee begins to provide labor, regardless of whether the two parties have signed a labor contract, the labor relationship between them has been established, and if it is to be terminated, it should be carried out in the manner prescribed by law. The employee may terminate the labor contract under any of the following circumstances:
1.Failure to provide labor protection or working conditions as agreed in the labor contract; 2.Failure to pay labor remuneration in full and in a timely manner; 3.
Failure to pay social insurance for workers in accordance with the law; 4.The employer's rules and regulations violate the provisions of laws and regulations and harm the rights and interests of employees; 5.The employer signs the labor contract by fraud, coercion or other means, resulting in the invalidity or partial invalidity of the labor contract; 6.
Other circumstances stipulated by laws and regulations.
Legal basis: According to Article 37 of the Labor Contract Law, an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. If the employee notifies the employer three days in advance during the probationary period, the employee may terminate the employment contract.
Legal Analysis: If an employer fails to sign a contract after one month of employment, it shall pay twice the salary to the employee from the day after the expiration of one month. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded. >>>More
1. The wages of the workers involved in the labor dispute compensation are the average wages of the 12 months before the termination of the labor relationship, including the wages during the probation period. Therefore, according to the situation you expressed, you should be compensated according to the salary standard of the probationary period; >>>More
Yes, it is possible to leave at any time and there is no need to notify the employer in advance.
Decree of the Beijing Municipal People's Government ("Beijing Labor Contract Regulations"): >>>More
If it is not legal, you should first sign a probationary contract, (the labor law stipulates that the probationary period cannot exceed three months), explain the salary and social insurance during the probationary period, and the training fee shall not be collected, and the prescribed salary shall be paid if you are not competent. The minimum wage shall not be less than the local minimum wage, otherwise double the salary shall be compensated.