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The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall, in accordance with the agreement between the two parties, handle the handover of work and return the goods of the unit to the unit. If the employer shall pay severance to the employee, it shall be paid at the time of the handover of the work.
If the employer fails to issue a written certificate of dissolution or termination of the labor contract in accordance with the law, causing damage to the employee. Legal basis: Article 22 of the Labor Contract Law of the People's Republic of China Where an employer provides a worker with special training expenses and professional and technical training, it may enter into an agreement with the worker to stipulate the service period.
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 23 The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period.
If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality of the employer. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.
After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years.
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Legal analysisThe procedures that should be handled for employees to resign are: 1. Do health examinations for employees engaged in operations with occupational disease hazards.
2. Handle the handover of work. 3. Return the company's property, documents and pay off debts. 4. Return the employee's certificate and settle the salary.
5. If the company proposes to terminate the labor contract, it shall pay economic compensation to the employee in accordance with the provisions of the Labor Contract Law. 6. Sign a non-compete agreement.
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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Legal analysis: Employees must apply in writing one month in advance, and the written application shall be signed by the department and submitted to the human resources department. The human resources department makes an appointment with the resigned employee, understands the reason, and fills in the "Resignation Appointment Form".
Obtain the "Resignation and Handover List" from the Human Resources Department, and the Human Resources Department will transfer out the employee's text and computer file materials and archive them.
Legal basis: Labor Contract Law of the People's Republic of China
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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.
Leave of absence.
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