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If the employer has statutory fault as stipulated in Article 38 of the Labor Contract Law, it may terminate the contract at any time, and if there is no statutory fault, it may terminate the contract by consensus with the employer or notify the employer in writing 30 days in advance to terminate the contract.
Labor Contract Law
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.
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 provided for 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.
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Go to the employer to apply for the termination of the contract and then ask for compensation....
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Resignation or intentional violation of company rules, such as absenteeism.
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Article 37 of the Regulations on Work-related Injury Insurance stipulates that if the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time employment subsidy for disability. However, the specific standard is stipulated by each provincial level, and the specific compensation standard needs to be determined in conjunction with the specific province.
Legal basis: Article 30 of the Regulations on Work-related Injury Insurance: Employees who are identified as having a disability of grade 7 to grade 10 due to work-related disability shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for the work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
1. You should first ask the company to apply for work-related injury recognition, if the company department applies, you should apply to the work-related injury department of the local labor bureau within one year, otherwise after one year, you cannot apply for work-related injury recognition. >>>More
The scope of Level 10 workers' compensation mainly includes the following: >>>More
1.Terminate the labor contract with the employer through negotiation. >>>More
Grade 10 is entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries when the contract is terminated or terminated. >>>More
If an employee has a dispute with the employer due to a work-related injury, the employee can apply for labor arbitration to protect his rights. Go to the Labor Section of the Human Resources and Social Security Bureau for help. >>>More