Seek help from experts on voluntary resignation and dismissal

It can be clearly said that the employment relationship between you and the company has not been terminated so far, and it has always existed.

Reasons: 1. Article 39 of the Labor Contract Law stipulates the circumstances under which an employer may terminate a labor contract, including "serious violation of the rules and regulations of the employer; Those who have been pursued for criminal responsibility in accordance with law. "According to your description, you may meet these two situations, but the law says that the company can be terminated, but not must be terminated, as long as the company does not express its intention to terminate with you, it will be deemed that the company has not dealt with your violations of laws and regulations, so it is not a dismissal from the company.

Second, if you have not been in contact with the company, it means that you have not submitted your resignation to the company (whether written or oral), then of course it is not considered voluntary resignation.

3. If you are absent from work, the company may not pay you wages, but the labor relationship continues. Of course, before the company really fires you, you can offer to leave the company, and it sounds good.

Supplement: In theory and practice, there is a saying that the employee and the employer have not been in contact for several years, more than ten years or even decades, and the employee has not provided labor to the employer during this period, and the employer has not paid wages and benefits to the employee, but the labor relationship has not been formally terminated between the two parties, or the employee claims that there is an employment relationship between the two parties. However, the employer asserts that the employment relationship between the two parties has been terminated, but cannot prove that the written notice of termination has been served on the employee. This is a long-term no-finding, and in practice, it is generally determined that the employment relationship has been terminated.

Your situation is clearly not in line with the long-term no-see!

Seek help from experts on voluntary resignation and dismissal

Your question: You belong to the situation where the employer has the right to terminate the employment contract, not resignation.

1. Voluntary resignation refers to the employee's voluntary application for not maintaining the labor relationship;

1. Resignation in accordance with the provisions of the labor law; (1) Notify the employer three days in advance during the probationary period; (2) 30 days in advance of the labor contract period to terminate the labor relationship, 2, the above two resignations will be compensated accordingly.

3. Resignation without the provisions of the labor law, and termination of the labor contract without authorization without the provisions of the termination of the contract; not being compensated;

2. The employer is investigated for criminal liability in accordance with Article 39, Paragraph 6 of the Labor Contract Law. If the labor contract is terminated, it is called the termination of the labor contract due to illegal operation, and no compensation is obtained.

To sum up, you have the right to terminate the employment contract under the employer's rights, not resignation.

Being able to stay there for so many days should be an illegal act, it must be a breach of contract, and it should be a ...... to be fired

Legal Analysis: Yes, there is compensation for forced resignation. Voluntary resignation refers to the employee's voluntary termination of the labor contract, which is divided into "advance resignation" at no fault of the employer and "immediate resignation" at fault of the employer.

Forced resignation is an act of the employer to terminate the labor contract on its own initiative. Severance shall be paid to the worker according to the number of years of service in the employer, and one month's salary shall be paid 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.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the number of years of service in the employer and the standard of 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.

Yes, there is compensation for forced resignation. Voluntary resignation refers to the employee's voluntary termination of the labor contract, which is divided into "advance resignation" at no fault of the employer and "immediate resignation" at fault of the employer. Forced resignation is an act of the employer to terminate the employment contract on its own initiative.

Severance shall be paid to the worker 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 as a sliding economic compensation.

Legal basisArticle 47 of the Labor Contract Law.

The severance compensation shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the employer. where it is more than six months but less than one year, it is calculated as one year; If the employee has served for less than a few months, he shall be paid half a month's salary as economic compensation.

The same goes for passive resignation, if the company gives you a reason for not being able to do your job, and dismisses you, there will be no compensation.

Unless the company closes down or there are large layoffs, the dismissal allowance will be given.