Because the miner was terminated by the unit, the labor contract was said to be automatically resign

Voluntary separation is just a colloquial word. It usually refers to the act of forcibly terminating the employment relationship with the enterprise by the employee who leaves the job without authorization.

If an employee is absent from work, it can generally constitute a serious violation of the company's rules and regulations for more than three consecutive days. If the employer may terminate the labor contract in accordance with Article 38 of the Labor Contract Law, it is not required to pay any compensation. However, the wages due to the worker shall be paid.

Disputes arising from the termination of labor contracts are labor disputes. If you believe that your rights and interests have been infringed, you can apply to the labor dispute arbitration commission for labor arbitration.

Legal basis: Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Labor Dispute Mediation and Arbitration Law

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If an employee is absent from work without reason and seriously violates the company's rules and regulations as stipulated in the rules and regulations of the employer, the employer may dismiss the employee without paying any economic compensation or compensation.

Article 39 of the Labor Contract Law of the People's Republic of China provides that if an employee falls under any of the following circumstances, the employer may terminate the labor contract:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

The injured worker may terminate the labor contract, but the employer cannot terminate the labor contract. If the employee suffers a work-related injury, the employer cannot terminate the labor relationship during the work-related injury, otherwise it needs to pay severance payments.

Labor Contract Law of the People's Republic of China

Article 36.

The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

The Labor Contract Law of the People's Republic of China

Article 37.

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 of the People's Republic of China

Article 38.

The employee may terminate the 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.

Unemployment benefits are a form of relief for the unemployed or unemployed people who are temporarily unemployed, so it has nothing to do with the form of unemployment, and it should be possible to apply for it, as if you want to apply for an unemployment certificate.

In general, if the employee is absent from work without reason and violates the company's rules and regulations, it is legal for the employer to terminate the labor contract with the employee, and the employee is not entitled to unemployment benefits.

To enjoy unemployment insurance benefits, the following conditions should be met at the same time:

1. Interrupting employment without the person's will;

2. Have registered for unemployment insurance in accordance with the law and have job search requirements;

3. Participated in unemployment insurance in accordance with the law, and the employer and the person have fulfilled the obligation to pay contributions for one year in accordance with the regulations. Unemployed persons can choose whether or not to apply for unemployment insurance benefits.

According to the provisions of the Labor Contract Law, there are three ways to terminate an employment contract: unilateral termination by the employee, termination by mutual agreement, and unilateral termination by the employer.

Therefore, there is no concept of "automatic termination" of an employment contract in the law, and the so-called "automatic termination" is only wishful thinking on the part of the employer. If the employer has not made a decision to dismiss, dismiss, dissolve or terminate the employment relationship with the employee, and the two parties have not gone through any formalities and have not reached an agreement on whether the employee is voluntarily resigned, the employer shall terminate the employment contract in accordance with the Labor Contract Law, and the employment relationship between the two parties will not be terminated until the employee receives the Notice of Termination of the Labor Contract.

In the event of an employee's voluntary resignation, the employer should first find out the reason for the employee's failure to work, inform the employee to perform the leave application procedures, and clearly indicate the legal consequences of failing to perform the leave application procedures. After no result, the employer must make a break in the employment relationship, so as to avoid embarrassing consequences. In addition, improving the internal labor and employment system is the only choice to avoid relevant legal risks.

A sound and properly implemented employer system can not only protect the legitimate rights and interests of employees, but also protect the legitimate rights and interests of employers.

1.There is no financial compensation for the resignation of the worker himself. The employer needs to explain the reasons for dismissal, and if it does not meet the statutory requirements, it is an illegal dismissal and must pay compensation.

Whether an employee is absent from work or can terminate the labor contract depends on whether the employee's absenteeism seriously violates the rules and regulations of the employer, and the rules and regulations need to be formulated and publicized through democratic procedures. If the employee does not resign voluntarily, do not write a resignation application. If there is a labor dispute, you can file a complaint with the labor bureau or apply for labor arbitration at the labor arbitration commission where the employer is located.

2.Labor Contract Law

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

You didn't go to work, because you didn't fulfill the labor contract, and the employer has a reason to dismiss you without any compensation. The employer wants you to resign yourself, probably to take care of your face. If you still want to work in the original employer, it depends on whether the employer agrees or not, and if you agree, you have to sign a new labor contract.

If the company dismisses you in the future, it will have a great impact on your future job search, because then the reputation is not good, it is estimated that other companies will not want you, you have to think clearly, but if you go to other cities, it doesn't matter.

Seize the time to negotiate, it is really not possible to let the unit be dismissed.

1. If there is no valid evidence to prove that you are absent from work, it can indeed be determined that you are absent from work 2. If the enterprise stipulates that the labor contract can be terminated for absenteeism, then the labor contract can be terminated without paying the corresponding compensation.

3. The salary before absenteeism should be calculated to you, and the 15 days of absenteeism can not be paid 4, and the contract is not renewed in the second half of the year, the labor contract is still valid, and the company needs to pay you double the salary for this half year. But since you don't have a contract in hand, you need to collect relevant evidence (attendance records, personnel records, production records, etc.).

Understand, you know what the manager of the accident department will say, they are right behind your back, this person can't be used anymore, kick him out, a company kicks a big thing, it's very easy, so you'll ask the lawyer what should I do?' 'Ask a bird, they don't understand the law yet, you are too naïve, if you want to get your money back, you have to have your own way, you will rely on them, you will be entangled, if you don't give it to me, you will be annoyed to death, and then you will go to the labor bureau and the court, regardless of whether it is reasonable or not, whether there is evidence or not, a word of trouble.

To each his own word, there is nothing written. You have to look for evidence, record it, and try to get out what they say that can be used as evidence, otherwise you won't be able to wash it even if you jump into the Yellow River. Take the recording and apply for labor arbitration. The next year, I didn't sign a contract and asked them for double wages.

See if your company pays you unemployment insurance. If you pay it, you should be able to receive it.

Unemployment benefits are a form of relief for the unemployed or unemployed.

Therefore, it has nothing to do with the form of unemployment, and it should be possible to apply.

It seems to be to get an unemployment certificate.