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If the employer terminates the employment relationship with you (or dismisses or dismisses you) in three situations, which one of you should pay economic compensation or compensation but does not pay you, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests
1. If the employer terminates the labor relationship with you without any reason and does not pay any economic compensation, you are not at fault as stipulated in Article 39 of the Labor Contract Law, and it can be determined that the employer's behavior is an illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid 2 months of economic compensation for each year of work, 2n;
2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you one month's severance for each year of work. If you do not give 1 month's notice in advance, you should also pay 1 month's salary in lieu of notice, n+1;
3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer terminates the labor relationship with you, it does not need to pay any economic compensation or notify you in advance; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.
Labor Contract Law: Article 1.
Article 19 of the Regulations for the Implementation of the Labor Contract Law.
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Then let him fire you. There's still a little bit of a salary to be paid that way.
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Summary. According to your question, combined with the requirements of China's labor law and labor contract law, as long as you do not submit a resignation application, it will not cause the termination of the labor contract relationship, please rest assured.
I quit my job manager didn't call me quit, and now I don't want to quit the manager has to ask me to quit, I didn't even write that kind of resignation.
According to your question, combined with the requirements of China's labor law and labor contract law, as long as you do not submit a resignation application, it will not cause the termination of the labor contract relationship, which please rest assured.
He had to ask me to resign.
If the employment relationship must be terminated, it will be unilaterally terminated. You can ask for double the penalty.
Can social security be refunded?
The standard of liquidated damages is generally based on your monthly work standard.
Social security cannot be refunded, and the amount of social security is in your personal pension insurance account.
If you resign and pay social security for three years, you can get a refund.
Resignation has nothing to do with social security, social security is paid in the personal account of the Social Security Bureau, not in the company. After 08 years, it is no longer refundable.
Then I can't hand it over when I'm gone.
You don't have to worry about this, the social security account will be retained, and the non-payment is temporarily interrupted, and the paid part will not be invalidated.
When you have a new employer, or if you have the will, you can choose to pay again.
This doesn't affect Ha.
Then he told me to go, and if I didn't go, he would make it difficult for me.
If your supervisor is really a type of communication problem, then it is recommended that you clearly inform that the individual will not submit a resignation application to make a fool of himself, and the company will pay double the compensation for the reputation.
At the same time, it also shows that if I continue to work in the future, I will continue to work hard.
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It is necessary to go through the resignation procedures in accordance with the law, submit a written application, and do a good job of handover, but you can leave at any time without notifying the employer 30 days in advance. There are three situations in which an individual submits a resignation: 1. In the case of Article 38 of the Labor Contract Law, the employee may immediately leave the employer without the approval of the employer after the employee submits in writing to terminate the labor relationship, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures; Article 38 A worker 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) Failing to pay social insurance premiums for workers in accordance with 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 in which the labor contract may be terminated as provided 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 violates rules and regulations and forces risky work to endanger the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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As long as the employee does not have any of the circumstances stipulated in Article 39 of the Labor Contract Law, the termination of the labor contract by the employer is an illegal termination, and the employee may request the employer to pay compensation.
Severance shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. Financial compensation is twice the amount of compensation.
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.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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Keep evidence of why he wants you to leave your job, e.g. written, recorded, etc. Then decide on the next step.
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The resignation of the employee in accordance with the regulations does not require the approval of the employer.
According to Article 37 of the Labor Contract Law, "an employee may terminate an employment 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.
It is legal for an employee to resign in accordance with this provision, and he or she can leave his job when the time comes. However, the employee should keep the evidence of the resignation according to the regulations.
If the employer deducts wages as a result, the employee can apply to the labor arbitration commission for labor arbitration (no fee) and can claim back the wages.
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1. If you have not signed a labor contract, you can ask for twice the salary of other months except the first month.
2. The resignation application does not require the consent of the unit, and the labor relationship will be terminated within 30 days of written application 30 days in advance.
3. The wages should be settled on the day of termination of the labor relationship.
4. You can apply for labor arbitration or file a lawsuit in the court.
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Although there is no labor contract, but in fact the labor relations are protected by law, you can report to the local labor and social security bureau or report to the labor inspection brigade, and we will help you implement the solution.
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You must sign a contract for part-time work, and it is impossible to protect your interests without signing a contract, including your income and your working hours, and others can dismiss you or not want you at any time.
Talk to your boss directly, and it's best to sign a part-time contract.
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If an employer owes an employee wages, the employee has three ways to request payment of wages:
1. Workers can file complaints with the local human resources and social security bureau for labor inspection;
2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
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You didn't sign a contract, and the manager forced you to quit. Explain the labor laws that this manager does not understand. If you are a veteran employee, you can file an arbitration case with an arbitration court.
Do you want to learn a lesson, and you have to sign a contract no matter where you work? to protect their vital interests. Don't look for a job, just do it.
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Is the standard of compensation for work-related injuries without a labor contract the same as that for work-related injuries caused by signing an employment contract? How to compensate for work-related injuries without signing a labor contract? If there is no labor contract and a work-related injury occurs, the injured employee can still claim work-related injury benefits in accordance with the provisions of the Regulations on Work-related Injury Insurance.
If the employer does not pay work-related injury insurance for the employee, the employer shall bear or compensate for all the work-related injury benefits. If the employer and the employee do not sign a written labor contract, it does not affect the establishment of the labor relationship, that is, there is a de facto labor relationship between the two parties, and if the employee is injured due to work-related reasons, it is still a work-related injury and can claim work-related injury benefits. When dealing with work-related injuries, you should apply to the labor and social security department for work-related injury recognition within the specified time, and then apply for disability appraisal after the work-related injury is identified and concluded, and then determine the specific amount of work-related injury compensation according to the disability level of the appraisal.
As for the amount of compensation, if the employer cannot reach an agreement, it can apply for labor arbitration. Legal basis: Article 36 of the Contract Law of the People's Republic of China stipulates that if the law or administrative regulations or the parties agree to conclude a contract in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
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;2. In accordance with Article 10 of the Labor Contract Law, a written labor contract shall be concluded to establish a labor relationship. 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.
3. Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
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Either beat him up and leave. Either find the chairman.
Now it is a legal society, hotels and schools cannot restrict the free choice of employees, you can go to the local labor and social security department to report the situation, and the labor inspection department can help you solve the problem by giving a ** to the hotel and school. To learn to use the law to protect yourself, the behavior of hotels and schools is illegal, in fact, they are very clear, they are also afraid of being complained about behind their backs, just bullying you for not knowing the law or being timid! You are no longer a child laborer at the age of 17, don't talk about child labor, just reflect the situation truthfully.
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