What do you need to pay attention to when resigning without signing a labor contract?

1. Do I need to pay liquidated damages if I resign without signing a labor contract?

If there is no need to pay liquidated damages, even if the liquidated damages are stipulated in the labor contract, they are invalid. Article 25 of the Labor Contract Law of the People's Republic of China stipulates that: "Except for the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear liquidated damages."

Article 22 of the Labor Contract Law provides that if an employer provides a worker with special training expenses and professional and technical training, it may enter into an agreement with the employee to stipulate the service period.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 of the Labor Contract Law stipulates that the employer and the employee may agree in the employment contract to keep the employer's trade secrets and intellectual property related confidentiality matters.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

2. What compensation will I get if I resign without signing a labor contract?

The employer may be required to pay severance and double wages for those who have not signed a labor contract: severance compensation shall be paid to the employee for one month's salary for each full year of the employee's service in the employer (one month for six months and less than one year, and half a month for less than six months), and double wages for those who have not signed a labor contract shall be calculated from the second month of the employee's employment at twice the monthly wage standard (the calculation time shall not exceed 12 months), and the payment shall be minus the wages paid by the company during the period.

In addition, the company can also claim through legal procedures that the company should pay the social insurance premiums for the duration of the employment relationship.

3. If I have not signed a labor contract, I need to inform my employer how many days in advance of my resignation?

The company shall sign a written labor contract with the employee within one month from the employee's employment, and if no written labor contract is signed, the employee shall be paid double wages from the second month. During the probationary period, the employee can submit the resignation in writing 3 days in advance, and if the probationary period is over, the employee should submit the resignation in writing 30 days in advance. Employees can ask the company to settle your full salary within three business days, leave early or voluntarily, and the company has no right to deduct money.

Pay attention to the timeliness, for example, if you joined the company in 08 years, and now you resign, you will not be able to recover the statutory liability of the enterprise for not signing the labor contract.

It is necessary to pay attention to the collection of evidence of labor relations to avoid being passive in labor disputes.

Let's see if there is any social security (hardware and one insurance) for you, and the salary and remuneration will be settled!

Legal analysis: Resignation requires advance notice to the employer and compensation can be applied.

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 labor relationship shall be established from the date of employment.

Article 36 The employer may terminate the labor contract if the employer and the laborer's co-ordinator agree on the same agreement.

1. What should you pay attention to when leaving the company without signing a labor contract The key point is evidence, which requires evidence that you and the employer have an employment relationship. As for the number of hours worked, the amount of salary per month, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences. "Reversal of the burden of proof" is widespread in the field of labor law.

Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations all have provisions in this regard. The employer may be required to bear the burden of proof for wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc. If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has infringed on your rights and interests.

For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. Failure to pay on time, including arrears, deduction of wages and overtime compensation, may be handled in accordance with Article 1 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

2. There are three types of situations in which an employee proposes to terminate the labor contract (resignation): First, if the employee proposes to terminate the labor contract in accordance with the provisions of Article 37, that is, notify the employer 30 days in advance (3 days for the probation period), without the approval of the employer. However, the employer is not liable for economic compensation; Second, the termination of the labor contract in accordance with the provisions of Article 38 does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.

In China, relevant workers need to sign corresponding labor contracts with labor units when they are working. However, if you do not sign an employment contract, you need to pay attention to the evidence in your hands to prove your legitimate rights and interests. Grasp the relevant wage information, once there is a labor dispute, you can actively handle it, and protect your legitimate rights and interests.

1. The employer may be required to pay economic compensation and double wages for not signing a labor contract;

2. You Hong shall notify the employer in writing 30 days in advance, and the labor contract may be terminated by omission. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.

Legal basis] According to Article 37 of the Labor Contract Law, an employee 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.

Hand in your resignation form, there are no constraints, you can go if you want, only the salary is taken. It is advisable to hand over a resignation slip and take the rest of the salary before leaving.

If you don't sign a contract, you run away, there is no constraint, only whether you want to or not.

It's best if you don't sign a contract, and your resignation should be submitted a month in advance, and I have already submitted my resignation and left at the end of the month. I didn't sign any contracts.

If the employee is forced to resign under Article 38 of the Labor Contract Law, it is not necessary to give one month in advance. 1. There are two situations in which an individual proposes to resign: 1. The employer has the situation of Article 38 of the Labor Contract Law.

I feel that it is normal to explain the reason to my superiors. It seems that you are doing things properly, and the unit can be prepared to recruit people.

How can I resign if I don't sign an employment contract?

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