The company is afraid that the employee will leave the company, so it signs a unilateral agreement

This kind of agreement has no legal effect, as long as the employee applies for resignation in advance in accordance with the law, without the approval of the employer, on the date of resignation, the employer shall issue a resignation certificate in accordance with the law, go through the procedures for social security and file transfer, and settle the salary.

In accordance with the Labor Contract 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 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.

In accordance with the Interim Provisions on Payment of Wages

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

Your statement is wrong, there is no unilateral agreement, the so-called agreement is that the two parties discuss the same intention, both parties sign to be valid, unilateral meaning, one party does not sign is invalid unilateral intention is the provisions, rules, systems, discipline, notices, documents, etc., the unit issued these documents, you can solicit opinions in advance, or you can not solicit opinions, send it down and ask everyone to comply with the implementation, this is a document, not an agreement, the agreement must be discussed by both parties, agreed by both parties Of course, the contract also has a standard contract, the standard contract is prepared by one party, there is no room for modification, the other party only has the right to choose to sign or not, sign it means that it agrees, and if it does not agree, it will not sign This is not a unilateral agreement, this is a standard contract, and you have the right not to sign the standard contract

What kind of agreement, does it harm any rights and interests, and restricts personal freedom?

Legal analysis: Yes, there is no requirement to sign a resignation agreement when leaving the company, if the content of the agreement is illegal, you can not sign it, and the employer can apply for labor arbitration if it does not go through the resignation procedures and does not pay wages.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the original rules 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.

The first ten articles of Jian Hongshi? To establish a labor relationship, a written labor contract shall be concluded. 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 enter into a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36? The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Legal Analysis: This is a non-disclosure agreement.

Legal basis: Article 23 of the Labor Contract Law of the People's Republic of China The employer and the employee may agree in the labor contract to keep the trade secrets and confidential matters related to intellectual property rights that the company sues the employer. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause in the employment contract or confidentiality agreement, or with the employee, and agree that after the termination or termination of the labor contract, the employer shall pay the employee economic compensation on a monthly basis during the non-compete period.

If the employee violates the non-compete agreement, he or she shall pay the employer a penalty for breach of contract in accordance with the agreement.

Legal analysis: Employees can sue the company if they sign a severance agreement. After resignation, you can still apply for labor arbitration, but the application for arbitration must be within the time limit for arbitration.

The limitation period for applying for arbitration in labor disputes is one year, that is, one year after resignation. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. After resignation, the certificate of resignation can be retained, and the certificate of the party's employment in the company can be certified to the labor bureau for arbitration, and the arbitration does not require any fees.

Legal basis: Article 27 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Summary. Dear, I am glad to answer for you that it is not legal for the company to print a resignation agreement and ask employees to sign a resignation agreement. Article 16 of the Labor Contract Law stipulates that a labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract. The following labor contracts are invalid or partially invalid: (1) by means of fraud, coercion or taking advantage of the danger of others, so that the other party concludes or modifies the labor contract contrary to its true intentions; (2) The employer exempts itself from statutory responsibilities and excludes the rights of workers; (3) Violating mandatory provisions of laws or administrative regulations.

If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Dear, I am glad to answer your question that it is not legal for the company to print the resignation agreement and ask the employee to sign the resignation agreement. Article 16 of the Labor Contract Law stipulates that a labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

The following labor contracts are invalid or invalid: (1) using fraud or coercion or taking advantage of the danger of the other party to conclude or modify the labor contract contrary to the true intentions; (2) The employer exempts itself from statutory responsibilities and excludes the rights of workers; (3) Violating mandatory provisions of laws or administrative regulations. If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

The resignation content is provided by the company and requires the employee to sign a separation agreement.

This is certainly not legal.

My parents have a low level of education, can they still apply for severance if they sign a severance agreement?

Labor contract, also known as labor contract, labor agreement. The labor contract is the basic premise for the establishment of the labor relationship between the employee and the employer, and occupies a core position in the labor law.

Is there any way to do it.

According to the Labor Contract Law, the employer may terminate the labor contract through negotiation with the employee, but the employer shall pay severance according to the standard of one month's salary for one year of service in the employer, and the two parties may also negotiate the amount of severance compensation. At the same time, it is also stipulated that the contract concluded by the other party contrary to its true intention is invalidated by means of fraud, coercion or other means.

Belonging is not what your parents really mean.

Anyone else has signed up.

There are hundreds. The chat history proves that it was not your parents who took the initiative.

You have to have proof.

Determine that the agreement is invalid.

Some. That can be arbitrated.

How long have the parents been doing it, the labor contract has not been signed, and the social security payment has not been made.

Legal analysis: If the contract expires, the company will not renew it, and the company will give financial compensation. Except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, if the fixed-term labor contract is terminated, the company requests the employee to renew the contract under the original conditions or better conditions but the employee does not renew the contract, and the company shall give the employee economic compensation in all other cases.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.