Labor contract resignation issues, post resignation labor contract legal issues

During the performance of the labor contract, the employee may terminate the contract and resign in accordance with Articles 36, 37 and 38 of the Labor Contract Law.

The employee terminates the contract in accordance with Articles 36 and 37 of the Labor Contract Law without compensation.

In accordance with Article 46 (1) and Article 47 of the Labor Contract Law, the employer shall pay the employee one month's salary and economic compensation for each year according to the number of years of service of the employer, and the employee shall pay it on a yearly basis if it has completed half a year but less than one year, and if it is less than half a year, it shall be paid on a half-year basis. Pay up to 12 years.

The wages of the employee for calculating the severance shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

If the termination of the contract does not comply with the provisions of the law, the employee shall be liable for compensation for the losses caused to the employer in accordance with Article 90 of the Labor Contract Law.

Attached: 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.

In this case, you can't get the money if you pay the resignation letter, if you don't pay it, it's okay, have you ever given a verbal notice, and you have 8 hours a day, 2 days off a week, it should be 40 hours, not 36 hours, as long as the company gives you overtime pay is legal, except for no overtime pay, free overtime. The training fee shall not be deducted from the salary, generally the agreed service period, the service period will generally be longer than the contract period, so that you will have to pay compensation if you leave the company, if the company tells you to go, you don't need it, the sick bonus problem is not incorrect, the bonus belongs to the performance company, and the sick pay work can be 80% of the minimum wage, so to show you that this is lower than the minimum wage The minimum wage standard is different everywhere As long as you calculate that there is no 80% is not right.

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

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

Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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 conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Here are a few more words:

Resignation, when you submit your resignation report, in fact, you have given up the right to continue working in the unit, and the employer has the right to require you to continue working for one month, and can also let you go at any time within one month, provided that the employer is willing. The worker notifies the employer in advance, which is to give the employer a buffer period, because the employer is "passively fired" and needs time to find someone to replace the job and go through the work handover procedures.

Dismissal, when the unit dismisses the employee, when the dismissal notice is issued, the unit also waives the right to continue to use the employee, and the employee can choose to work until the last day or leave early, provided that the work is handed over clearly. At this time, employees are passive, so the state stipulates that advance notice is required to give employees a buffer period to look for work.

If you have already submitted for resignation, the hotel will let you leave early, which is not a violation of the law. Because the first 30 days are allowed by the employee, as for whether the employer needs to let you continue to work for 30 days, they can decide for themselves. However, on the day of resignation, the full amount of your salary will be paid to you.

The hotel's re-establishment law is not illegal, so.

There is no question of giving you economic compensation for the following reasons: 1. If an employee leaves the company before the expiration of the contract, he or she shall fulfill the obligation of 30 days' written notice, which is clearly stipulated in Article 37 of the Labor Contract Law. You have fulfilled your obligation to inform in advance and in accordance with the law.

2. After receiving your resignation, the hotel agrees and requests to go through the resignation procedures immediately, that is, you are no longer required to continue working until 30 days later, which is a right granted by law and is not improper. 3. Since you terminate the labor contract in advance, there is no economic compensation, but the hotel shall pay the wages for the period of work at the same time as going through the procedures for terminating the labor contract.

For specific practices, please consult the local 12333 labor and social security ****.

Legally, within one month from the date of your voluntary submission of the resignation letter, the hotel can find someone to replace you at any time and handle the resignation procedures for you.

The employee Bai submitted his resignation to the company one month in advance, and clarified the solution of the labor relationship.

Before the expiration of this period, the resignation shall not be legally effective, and both parties to the employment contract shall still perform the contractual obligations agreed upon

It is only feasible if both parties express their true intentions and are willing to terminate in advance (documentary evidence needs to be kept), otherwise it constitutes illegal termination.

According to the Labor Contract Law, the employer failed to pay social insurance for the employee. The company has violated the law, and the employee can terminate the labor contract at any time, and ask the company to pay social security and pay compensation for one year's salary. Security deposits, deposits, etc. are also clearly stipulated by the labor law that cannot be collected, and it is already illegal to collect them, and they are not refunded?

Suggestion: Request the company in writing to settle the above reasonable and legal expenses within three days, and sign the "Labor Relationship Termination Agreement" with you. If the company refuses to process or refuses your legitimate request, it will not apply for arbitration, but prepare materials to report the case directly to the labor inspection brigade.

First of all, the first point is that no matter what, it is illegal for a company to fail to pay social security.

It is the legal obligation of every enterprise to pay social security for employees, which is non-negotiable.

There is no dispute that regular employees should apply in writing 30 days in advance, which is a legal requirement for companies to inform you that you can leave after 30 days.

Resignation is an employee's personal freedom, and the company shall not use other conditions as a bargaining chip in disguise to force employees to comply with their own requirements.

Both the security deposit and the deposit must be refunded, and since there is no actual employment relationship between the two parties, and there is no legal contract employment relationship, they should be refunded.

The restriction of the employment contract is a bilateral situation, that is to say, the two parties can negotiate to leave at a specific time, the premise is that the negotiation, if the negotiation fails, the enterprise does not agree, and can only leave after the expiration of 30 days.

If you have not paid social security, you can complain to the local labor inspection commission, or you can report it to the social security bureau and the national tax bureau, and now the social security premium is collected by the national tax bureau on your behalf.

Failure to pay social security for employees is illegal for the company, but 30 days' notice of resignation is stipulated in the Labor Contract Law. There is no direct relationship between the two.

Therefore, you did not notify the employer 30 days in advance, which violated the Labor Contract Law.

However, you can first go to the local labor arbitration to file a complaint and ask the employer to pay social insurance premiums and terminate the labor contract on the grounds that you have paid social insurance.

Failure to pay social security is an illegal act, legally you can leave your job at any time, collect your deposit and deposit, it is also an illegal act, not to be bound by the labor contract, but the company has violated the labor contract, and the company has breached the contract first.

If the company does not provide pension insurance to employees, the labor inspection authority will definitely require it to make up the pension insurance during your employment, and then resolve other labor disputes in accordance with the relevant regulations.

According to the relevant provisions of the labor law, the employer must pay five insurances for the employee, and the employee should also apply in writing one month in advance for resignation. After you leave your job, you can apply to the labor arbitration commission for arbitration and request the employer to pay all the five insurances during the working period.

It is entirely possible to recommend labor arbitration to safeguard legitimate rights and interests.

You should check before you do so. If you resign voluntarily for personal reasons, and the employer is not at fault, there is no severance for your resignation.

An individual's resignation is not an interruption of employment of his or her will, and he or she is not entitled to unemployment benefits.

The reason why the employer asked you to resign voluntarily was to avoid severance payments.

You can negotiate with your employer to ask for a certificate of dismissal so that you can receive unemployment benefits. But at the same time, you can also use this proof to arbitrate and sue the employer to pay you economic compensation, and even more powerfully, you can even claim compensation for the illegal termination of the contract by the employer, so the employer should not issue you this certificate.

If you have written a resignation application and have already completed the follow-up of your resignation, to be honest, there is basically no chance of winning.

Based on the following reasons, I suggest that you give up the lawsuit. The analysis is as follows:

1. If you terminate the labor contract upon expiration, the employer shall pay you severance payment. Compensation = monthly salary (RMB) x 2 months (2 years).

2. If you are not at fault and are illegally dismissed by the employer (help you make up a report on dismissal), the employer should pay you compensation. Compensation = monthly salary (RMB) x 2 months (2 years) x 2 times.

3. If you want to file a lawsuit, do you need to hire a lawyer, does the lawyer charge? How much do you charge? If a lawyer is able to help you on a voluntary basis without a fee, there is nothing to say.

If the lawyer fees, let's say you win, the employer gives you the money, and you pay the lawyer's fees, is there any money left? You didn't say how much money the lawyer needs to charge, you talk about it.

4. If you lose the lawsuit, you will not only not get the employer's money, but also have to pay additional lawyer fees. You might as well think about it seriously.

5. Article 47 of the Labor Contract Law stipulates that monthly wages refer to the average wages of employees in the 12 months prior to the termination or dissolution of the labor contract.

According to the relevant regulations of unemployment insurance, even if you resign and pay unemployment insurance money, you cannot receive unemployment insurance money. You are not sure that you will win the lawsuit, because the resignation was written by yourself, and it is estimated that you have signed it, and the black and white paper is more probative than the "advocacy" you said from the perspective of evidence.

Labor and personnel dispute cases are generally concluded within 45 days, and there is no charge for an extension of no more than 15 days. The court will take a few months, and the estimated cost is about a few tens of yuan.

Like this kind of thing to think very seriously, don't listen to others, work is your own business, if you insist on a month I don't know what he will do with you, like this kind of to let the company open a certificate, if you open a certificate on it, you can find the company to negotiate well, if it really doesn't work, if the money is not much, don't do it, eat a cushion of long and wise next time you encounter such a thing, pay attention to it.