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Anonymous users2024-02-08If an intern resigns voluntarily before the internship period expires, if the employer has evidence to prove that the employee has caused certain losses to the employer, the employer may apply for labor arbitration and require the employee to pay certain compensation.
How to Apply for Labor Arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;
3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.
Article 90 of the Labor Contract Law of the People's Republic of China If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.
Article 16 of the Interim Regulations on the Payment of Wages If an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.
If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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Anonymous users2024-02-07Legal Analysis: It is possible to resign. It is the employee's right to resign, and if the employee believes that the benefits of working in the company are not very good, the employee can resign at any time without any reason, and the employee only needs to notify the employer in writing one month in advance of the resignation.
Legal basis: 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.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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 ignition of circumstances as 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 orders risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.
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Anonymous users2024-02-06Summary. Hello, yes you can resign. It is the employee's right to resign, and if the employee believes that the benefits of working in the company are not very good, the employee can resign at any time without any reason, and the employee only needs to notify the employer in writing one month in advance of the resignation.
Hello, yes you can resign. It is the right of the worker to resign, and if the employee thinks that the benefits of working in the company are not very good, the worker can resign at any time without any reason, and the worker only needs to notify the employer in writing one month in advance.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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 in which the labor contract may be terminated as provided by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the personal safety of the employee, the employee may immediately terminate the labor contract without prior notice to the employer.
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Anonymous users2024-02-05Legal Analysis:1If the employer has any of the circumstances stipulated in Article 38 of the Labor Contract Law, you may leave immediately after terminating the employment relationship in writing without the approval of the employer, and may request payment of the remaining wages and severance (one month's salary for every one year of service) and go through the resignation procedures
According to the Labor Contract Law, a written resignation 30 days in advance is not required for the approval of the employer.
Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls 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 the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in 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 violates rules and regulations and orders risky work that endangers the personal safety of the employee, the employee may immediately terminate the labor contract without prior notice to the employer.
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Anonymous users2024-02-04Hope you understand!
1: Nowadays, many companies think that employees must write a resignation application when they resign, and they must be approved by the unit, otherwise they cannot resign, but this is actually a misunderstanding. Not true.
2: The Labor Contract Law stipulates that an employee only needs to notify the employer in writing 30 days in advance of the resignation, and there is no need for the approval or consent of the unit.
3: If the employee is unilaterally terminated, the employer should go through the resignation procedures for the employee in a timely manner, otherwise it will bear adverse legal consequences.
Other than that! In accordance with the Labor Law and the relevant provisions of the Municipality, six types of labor contracts have been formulated for the use of employers, namely, labor contracts for enterprises (institutions), temporary labor agreements, labor agreements for part-time workers, labor agreements for interns, labor contracts for township enterprises, and special labor contracts for construction enterprises to recruit farmers to work in urban areas. Among them, the scope of application of the "Part-time Labor Agreement" is those who are engaged in part-time, part-time and hourly work, including work-study students.
The Labor and Social Security Department reminded the students that hourly workers were also required to sign labor contracts.
According to the relevant person, when the worker and the employer enter into the "Part-time Labor Agreement", they should pay attention to the following issues: first, both parties A and B should sign the contract on the basis of equality, voluntariness and consensus in accordance with the "Labor Law" and the relevant provisions of the city; Second, it is necessary to clarify the term of the agreement, the job position, the salary and remuneration, the working hours, the insurance and welfare benefits, the labor protection and the working conditions; Third, it is necessary to clarify the termination and rescission of the agreement, the economic compensation for the termination of the agreement, and other contents agreed upon by both parties.
Do you have a sign? If you sign it, go back and take a closer look, and if the company violates the agreement, you can go to the local labor inspection brigade to complain about it.
The labor law stipulates that resignation during the probationary period can be done three days in advance!
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