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If a one-day National Day holiday cannot be used as a reason for resignation, 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.
Labor Contract Law
Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.
Article 37 A worker 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.
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;
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 the circumstances specified in the first paragraph of Article 26 of this Law;
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.
Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete 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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Complaints can be lodged with the labor department.
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Why do you want to apply for resignation for this reason, this is not good for your future development, you can say that you want to start a business or want to go to a better place to apply for work;
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Summary. After the National Day holiday, there is a pay for the leave.
It's normal for young people to leave their jobs offline. Generally speaking, if they leave their jobs after the National Day holiday, the employer must pay overtime. Even if you quit on October 8, you can get three or two times your statutory holiday pay.
However, if you quit your job in October, you can also ask your employer if you will give you compensatory time off before you quit. If you don't take compensatory time off, you can get three times the overtime pay for the 1st to 3rd, and double the salary for the 4th to 7th.
Is there a salary for leaving the job after the National Day holiday?
After the National Day holiday, there is a pay for the leave. It's normal for young people to leave their jobs offline. Generally speaking, if they leave their jobs after the National Day holiday, they must pay overtime.
Even if you resign on October 8, you can get three times or two times the daily wage of the statutory holiday year. However, if you quit your job in October, you can also ask your employer if you will give you compensatory time off before you quit. If you don't take compensatory time off, you can get three times the overtime pay for the 1st to 3rd, and double the salary for the 4th to 7th.
Hello. For example, during the seven-day holiday of the National Day, if you can't leave your job on the 5th, will you still be paid?
There is no October.
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National Day is a statutory holiday stipulated by China, and the employer shall pay the remuneration of the employee on the statutory holiday. Therefore, even if you resign after the National Day, the employer should pay the salary during the National Day.
Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:
1. If a worker is arranged to work longer hours, he or she shall be paid a wage remuneration of not less than 150% of the wage;
2. If the worker is arranged to work on a rest day and cannot arrange a compensatory break, the wage remuneration shall not be less than 200% of the wage;
3. If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.
Legal basis
Labor Law of the People's Republic of China
Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law. Article 45 The State implements a paid annual leave system.
Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***. Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:
a) New Year's Day; 2) Spring Festival;
3) International Labor Day;
4) National Day;
5) Other holidays and holidays as provided for by laws and regulations. Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed. Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:
1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;
2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;
3) Other circumstances provided for by laws and administrative regulations.
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The National Day holiday in October is calculated as salary. Since the National Day is a national statutory holiday, according to Article 44 of the Labor Law of the People's Republic of China, if the employee falls under any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the workers for normal working hours according to the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150% of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
Therefore, even if you leave your job during the National Day holiday, you should have a remuneration of not less than 300% of your salary. Article 40 of the Labor Law of the People's Republic of China stipulates that an employer shall arrange leave for its employees during the following holidays in accordance with the law: (1) New Year's Day; 2) Spring Festival; 3) International Labor Day; 4) National Day; 5) Other holidays and holidays as provided for by laws and regulations.
Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid not less than 300 percent of the wage.
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It depends on how long your company gives you to approve the effective date of your resignation.
Under normal circumstances, employees with middle-level (inclusive) and below resign and submit a resignation report.
After 3-6 days, you can approve the resignation application.
If the company agrees with your resignation, it will quickly arrange for a handover of work, usually for a week.
In other words, from the time Xiang Shout submitted the resignation report, he basically completed the procedures within 2 weeks. The effective date of resignation is the date on which all formalities are completed. Not going to wait a month later.
Of course, if it is a special position, it will last for a long time if you can't find a personnel handover, but it can't be more than a month.
In addition, the company also has to settle accounts, and will definitely approve your resignation before September 30, otherwise you will have to pay 10 more days of salary, and you will have to pay five insurances and one housing fund.
It's all about cost. <>
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Under normal circumstances, if you apply for resignation on September 10, then you will leave on October 10, and there will be no salary for the 7-day National Day holiday, and the salary will be settled according to the number of days you have worked in October. Tell the ground.
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If you have a salary, as long as you have not completed the dissolution or termination of the labor contract and the relationship (until 24 o'clock on the day of the formalities), you should enjoy the benefits of statutory holidays.
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If you apply for resignation on September 10, infiltrate chaos and resign on October 10, the seven-day National Day holiday should be paid, and if you don't have a salary, you can protect your rights and interests through labor arbitration, so the company is unreasonable. Cong staring.
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Since you leave your job on October 10, you will be paid for the National Day holiday, and it has nothing to do with the date you resign.
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There is a salary. Your actual departure date is October 10th. If you want to work all the time, then you will be counted as on-the-job, and your salary will be paid accordingly. However, if you don't work in Lingqin Gang during this period, even if you don't leave your job, you won't be considered to work, and you won't have a salary.
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The holidays before you leave your job should theoretically be paid, and this also depends on the specific leadership arrangements of your company.
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If you leave your job on October 10, you must be paid for holidays during the National Day according to the labor law.
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Of course there is, follow the normal procedure, there is!
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As long as you are still in the company and have not officially left the company, the salary is calculated according to the normal rate.
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You said that if you apply for free potatoes on September 10th, you will have a Father's Day at these times. Do rich people envy their wages? In this case, you are not under the labor law, and you have no salary.
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During the Spring Festival holiday, employees can submit their resignation to the unit. During the period when an employee submits a resignation application but fails to complete the resignation procedures, he or she can normally enjoy the leave because the employee can continue to enjoy the prescribed leave if the employee has not completely terminated the employment relationship with the employer, and it should be noted that the employee can terminate the 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 labor contract may be terminated.
According to Article 37 of the Labor Contract Law of the People's Republic of China, 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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