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The company leader is very cunning, and the company will not compensate you if you resign voluntarily. You ask the company to issue a written note of the dismissal contract, or maybe it is okay to negotiate with the company's leaders. You can also go to the local labor department to consult to see how to operate and you can get compensation (compensation), because the company will give compensation (compensation) before the contract period, and you can look at the labor law on the Internet for the specific compensation ratio.
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The company didn't say positively that it was going to fire you. It's hard to say.
If you are dismissed positively, then you can get compensation, which is generally calculated according to the number of years you have been in the company, in half a year, a year's basic salary of one month, and more than half a year and less than one year is also calculated as one year, and so on.
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Bring the contract, go to the local labor bureau, appeal, because the unit or company has some inevitable setback or faces the problem of bankruptcy, the company or unit should be responsible for the economic losses of the employees and laid-off workers.
The compensation loss of the employee is 3 times the usual amount [depending on the salary compensation].
Laid-off workers should compensate for the corresponding pension insurance.
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Don't resign, if you have a contract, resignation is not the same as dismissal compensation, but if you want to save face, resign yourself, after all, it doesn't look good to be fired.
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Go to the labor arbitration commission to apply for arbitration.
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Despise the rotten small advertisements on the first floor!
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Summary. 1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, 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.
2. According to Article 37 of the Labor Contract Law, if an employee submits a written resignation 30 days in advance, he or she can leave without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.
3. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, the employee has violated the law, and the employer may require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the laborer.
What should I do if the contract does not expire and the unit asks to resign.
1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, 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; 2. According to Article 37 of the Labor Contract Law, if an employee submits a written resignation 30 days in advance, he or she can leave without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the formalities for resignation. 3. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, the employee has violated the law, and the employer may require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the laborer.
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1. There are two possibilities for employees to resign, resign for personal reasons and resign because the employer violates the law, and the two reasons for resignation will lead to different treatment methods and compensation amounts. From the company's standpoint, I hope that it is his personal reasons, so let's talk about the compensation for resignation for personal reasons. 2. In accordance with the provisions of Article 36 of the Labor Incentive Contract Law, it shall be deemed that the labor relationship with the employee has been terminated through consultation, and the economic compensation shall be given in accordance with the provisions of Articles 16 and 47 of the local government.
In addition, in accordance with the provisions of Article 97, if a labor contract existing on the effective date of this Law is dissolved or terminated after the effective date of this Law, and economic compensation shall be paid in accordance with the provisions of Article 4 and Article 16 of this Law, the period of economic compensation shall be calculated from the effective date of this Law, that is, only a maximum of two months' wages shall be paid.
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1. What should I do if I leave the job before the labor contract expires?
1. The employee may notify the employer in writing 30 days in advance of the resignation.
2. If the following circumstances exist, the employee can leave the job at any time and can receive economic compensation:
1) Failure to provide labor protection or working conditions in accordance with 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 employees;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law.
3. Relevant 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. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 38: Provisions on the circumstances in which a person who is in a labor force may resign at any time.
Article 46 In any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
2. What are the types of labor contracts?
1. Fixed-term labor contract.
2. No fixed-term labor contract.
3. Labor contract with a period of completion of a certain work task.
If the employer is at fault, the employee can leave the job at any time and can receive economic compensation.
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Summary. What should I do when the employer is forced to resign before the labor contract expires?
You can seek help from the local labor inspection department or apply directly to the labor arbitration commission for arbitration.
What should I do if the contract does not expire and the unit asks to resign.
What should I do when the labor contract is forced to resign when the labor contract is not due, and Xiaoyu can seek help from the local labor inspection department, or apply directly to the labor arbitration commission for arbitration.
Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China This Law shall apply to the following labor disputes between employers and labor workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion and performance of the labor contract, modification, rescission or termination; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations. Article 3 The settlement of labor disputes shall be based on the facts, follow the principles of legality, fairness, timeliness and emphasis on mediation, and protect the legitimate rights and interests of the person who is responsible for the work. Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or ask the trade union or a third party to jointly negotiate with the employer to reach a settlement agreement.
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Be vigilant when the company asks you to fill out the resignation report, after all, this is directly related to whether you can get financial compensation, and whether you can get compensation is actually very easy to judge. If the resignation is due to "personal reasons", the resignee cannot request the employer to pay economic compensation or compensation, and even if he applies for labor arbitration to the first and second instance, there is no possibility of winning the lawsuit, unless it can be proved that the company has deceived or induced the company. Since the company was willing to hire you without a qualification certificate and the two parties signed a labor contract, it is obviously unreasonable for the company to dismiss you without a qualification certificate.
Therefore, it is recommended that you do not apply for resignation by yourself, but ask the company to issue a notice of dismissal and pay you economic compensation for terminating the employment contract.
According to Article 87 of the Labor Contract Law, if the employer dissolves or terminates the labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. In addition, economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the employer. 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. >>>More
The employee writes a resignation letter.
Resignation is not dismissal, there is no financial compensation. >>>More
If you are sure that the company has not signed a labor contract with you and has not paid social insurance, then you do not need to bear any liability for breach of contract if you propose to terminate the labor relationship, and you can also claim the following requirements. >>>More
What should I do if the company does not renew the employment contract after it expires?
1. It is recommended that you resign a month in advance, because the other party does not abide by the law, it does not mean that we can also not abide by the law. Try your best to establish evidence that is favorable to you in future labor arbitration. >>>More