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According to Article 37 of the Labor Contract in 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. If the company withholds your wages and remuneration on the grounds that it does not approve the resignation, you can apply for labor arbitration.
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The resignation of the employee is a legal right, which does not require the approval of the unit, and only needs to be notified to the employer 30 days in advance.
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If the resignation is not approved in the factory, the employee may notify the employer in writing 30 days in advance, and the probationary period can be advanced by 3 days, and the employee can leave the job without the approval of the employer when the time limit is reached. If the time limit is exceeded, it is useful to go to the labor bureau to complain if you are not allowed to leave the job.
Article 9 of the Regulations on the Supervision of Labor and Social Security Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to file a complaint with the labor and social security administrative department.
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Legal Analysis Calendar: Useful. If the employer illegally defaults on the wages of the workers in the distressed town, and the workers complain to the labor inspection department that they can claim their legitimate rights and interests, the workers can also apply for labor arbitration to the labor dispute arbitration commission where the employer is located.
Legal basisArticle 77 of the Labor Contract Law of the People's Republic of China Where the legitimate rights and interests of a worker are infringed, he or she has the right to request the relevant departments to deal with it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.
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It is useful to complain to the labor bureau without approval for resignation.
Responsibilities of the Labor Bureau:
1. Formulate the medium and long-term development plan for labor and social security supervision and the annual work plan for labor and social security inspection, and organize their implementation;
2. Formulate and organize the implementation of the labor security supervision system;
3. Organize and implement labor security inspections related to training and employment, human resources market, labor relations, labor standards, social insurance and other businesses;
4. Investigate and supervise major cases of labor security violations in accordance with the law, and participate in the handling of emergencies caused by labor security violations;
5. Organize and carry out the establishment of a law-abiding and creditworthiness system for labor security, establish a "blacklist" system for arrears of wages, and be responsible for the social announcement of cases of labor security violations that have a major impact across the country;
6. Coordinate with relevant departments to organize and carry out comprehensive management of infringement of workers' rights and interests;
7. Organize and carry out the informatization construction of labor security supervision, undertake the statistical work of labor security supervision, and compile the annual report of labor security supervision;
8. Formulate and organize the implementation of the management and training system for labor and social security inspectors, and carry out the construction of national labor and social security supervision style;
9. Undertake other human resources and social security supervision and inspection work in accordance with the law;
10. Guide the construction of labor security supervision institutions and teams, and guide and supervise local labor security supervision work;
11. Other matters assigned by the leaders of the undertaking department.
Legal basisArticle 85 of the Labor Law of the People's Republic of China.
The labor administrative departments of the people's governments at or above the county level shall supervise and inspect the employer's compliance with labor laws and regulations in accordance with the law, and have the right to stop the violations of labor laws and regulations and order corrections.
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Legal Zheng Xiao Analysis: Useful. If the employer illegally owes the wages to the employee, and the worker complains to the labor inspection department that he can claim his or her legitimate rights and interests, the worker can also apply for labor arbitration at the labor dispute arbitration commission where the employer is located.
Legal basis: Article 77 of the Labor Contract Law of the People's Republic of China If the legitimate rights and interests of a worker are infringed, he or she has the right to request the relevant departments to let Cong Hao deal with it in accordance with the law, or apply for arbitration or file a lawsuit in accordance with the law.
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Resignation is not approved to ** complaints:
1. The company does not allow employees to resign, which violates the provisions of the labor law, and employees can resign as long as they resign in writing in advance according to law;
2. If the employer refuses to pay wages for various reasons after the employee resigns in accordance with the law, he may file a complaint with the labor inspection department.
What is the process for workers to file a complaint with the Labor Bureau?
The process for an employee to file a complaint with the Labor Bureau is as follows:
1. It is necessary to prepare evidence of the existence of labor relationship with the company, to prove that the labor relationship can be a labor contract, and if no labor contract is signed, relevant evidence can be collected to prove the de facto labor relationship;
2. In the case of arrears of wages by the employer, it is necessary to negotiate with the employer first, and if the negotiation cannot be resolved, it can be resolved through the following legal channels, and complain and report to the local labor and social security supervision agency;
3. To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute and resolved through litigation.
Legal basisArticle 38 of the Labor Contract Law of the People's Republic of China.
Unilateral termination of labor contract by the employee] The employee may terminate the 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) 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 specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under 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 directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Article 39.
Unilateral termination of the labor contract by the employer (negligent dismissal)] The employer may terminate the labor contract if the employee 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.
What documents are required to file a complaint with the Labor Bureau.
Generally, there will be a specific result within 15 days after the complaint is filed with the labor bureau, but the result may not meet the needs of the individual employee. In addition, when we file a complaint with the Labor Bureau because of a labor dispute, we should also provide evidence in our favor to the Labor Bureau. >>>More
Under normal circumstances, companies are afraid of being complained to the Labor Bureau, and the consequences may include adverse effects on the integrity of the company; There are generally legal costs or adverse legal consequences; It will affect the cohesion and centripetal force of the enterprise, and have a negative impact on the survival and development of the enterprise. If an employee files a complaint with the Labor Bureau or the Labor Inspectorate against the person in charge of the enterprise, there will be adverse legal consequences or corresponding legal liabilities, such as fines. It depends on what was complained to the Labor Bureau; If the violation is minor, the labor administrative department may order you to make corrections, and if the violation is too serious and the payment is overdue, the human resources and social security department may order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable; If a crime is constituted, criminal responsibility shall be pursued in accordance with law, and the crime of refusing to pay labor remuneration may be suspected.
It depends on what is being complained about to the labor office. >>>More
You should take care to gather evidence about your past work for this company from now on. >>>More