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Hello: 1. If the company wants to sue you, there must be his reasons, under normal circumstances, the company means that you are in breach of contract, you can see whether there is a breach of contract clause in your contract, or special provisions on the termination of the labor contract, if there is, then you must perform in accordance with the contract, otherwise it constitutes a breach of contract, and the company can sue.
2. If there is no agreement, then the termination shall be carried out in accordance with the provisions of the Labor Contract Law.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
Article 37 A worker 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.
Article 38 An employee may terminate a 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.
3. If you have any questions, you can continue to consult and be satisfied.
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If you look at the contract, it says that you can go at any time during the probationary period.
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Clarify the things at work.
Then notify the leader to hand over the work, especially if there are accounts, etc., it must be handed over clearly.
Then, calculate the salary, flash people.
People want to leave, and the company can't keep it no matter how forced it is.
As long as you notify it, even if the company does not accept it, you only need to wait for a month and a half, and you can directly put the things to be handed over to the leader, keep the certificate, and then flash.
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Just talk to the department boss and personnel, it's no big problem!
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It is not necessary to give 30 days' notice to the employer to resign.
1. There are three situations in which an individual proposes to resign:
1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after the termination of the labor relationship in writing, without the approval of the employer.
2. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require the approval of the employer to resign.
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, the employee directly submits the resignation letter and leaves.
At this time, the employer may demand to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee if the employee violates the law.
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There are generally two situations of resignation, one is to immediately terminate the labor relationship in accordance with the law. If the employer compels the employee to work with violence or threats, or fails to pay wages as agreed in the contract, the employee may request the employer to terminate the labor contract at any time. Second, according to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract relationship. If it's the first one, it won't take 30 days, and if it's the second, it's 30 days in advance.
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Hello! The resignation should be said a month before the boss is good to prepare people to do things
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According to the provisions of the Labor Contract Law, regular employees must submit a written resignation application 30 days in advance before they can resign, otherwise the company has the right to demand compensation from the employee. Of course, if the company and the employee reach an agreement, then you can resign, and it is recommended that you discuss it with the company.
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It stands to reason that this is the kind of procedure, and it is okay if your leader can let you go early.
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The contract period is to resign in writing 30 days in advance... Otherwise, the company can deduct a month's salary or something. If you cause losses to the company, the company can also pursue your financial compensation... However, if the employer agrees that you will leave early, it will not be in this category.
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If you don't do it in advance, the employer can deduct 20% of your monthly salary as compensation.
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Generally, this is notified when I join the company, for example, I have to say it a month in advance when I work here.
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Preferably within the first 30 days of resignation.
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, an employee who submits a written resignation 30 days in advance does not require 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 employer may claim to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.
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Most companies require one month's notice before resignation before they can leave the company. However, many small companies once you say that this month's salary will not be paid to you or will be paid less, you can see for yourself, if your company is okay, you will say a month in advance, if not, you will wait until you receive this month's salary. In this way, there is no fear that he will repay the debt.
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If you are on probation, just notify the unit in writing three days in advance.
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If you don't transfer your certificate, you can apply for resignation three days in advance, and the contract you sign should be regular.
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According to your situation, you have to resign a month early, are you still satisfied with me?
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Probationary workers can go through the resignation procedures as long as they apply for resignation in writing three days in advance.
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I have been on duty for ten days, and I haven't transferred my certificate yet, do I need to leave a month in advance?
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Yes, you need to hand over the work to go. According to the provisions of the Labor Law, when terminating a labor contract, the employer shall issue a certificate of dissolution or termination of the labor contract, and the employee shall handle the work handover in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
Legal analysis
Resignation during the probationary period requires three days' notice to the employer. So the handover time is 3 days. If you want to resign during the probationary period, you only need to submit a notice of resignation in writing to the labor and personnel department of the employer 3 days in advance (requiring the employer to sign your name and date on your "Receipt of Delivery and Handover of (Documents and Materials) by the Employee"), and the consent of the employer is not required.
If you continue to work for 3 days, you can stop working on the 4th day, and you have the right to request the employer to go through the formalities of resignation, which the employer should handle (Article 37 of the Labor Contract Law), pay your salary in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you with a certificate of termination of the labor contract (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
Legal basis
Labor Contract Law of the People's Republic of China Article 50 The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
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Of course, there needs to be a handover.
This is the right thing to do, whether it's a probationary period or not.
In addition, the probationary period is notified to the unit three days in advance, and you can leave after the handover within three days.
Regular employees should notify the employer one month in advance.
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You can resign three days in advance during the probationary period. The work needs to be handed over.
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This is completely flexible, first of all, you get paid or not, and then you look at people and do things.
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Specific notice is required for the renewal and termination of an employment contract.
For example, before the expiration of the contract, the company is obliged to provide the employee with a notice of whether the contract will be renewed or a notice of contract termination.
Unless the company has a rule that the employee needs to raise this matter himself, you must first understand whether the company has this disgusting regulation, otherwise you will suffer).
If the company does not propose to terminate and does not stipulate that the employee needs to do so, then the contract can be deemed to be renewed for one year by default.
That is to say, the company said that the contract was renewed, and there is a reason for him, once he resigns, he will deduct your money for breach of contract, (which is also disgusting).
In fact, the best thing you can do is to argue with reason.
The soft ones are afraid of the hard, and the hard ones are afraid of the dead.
It is better to find faults in the labor contract than in the company's business.
In general, the most common problems of the company are financial issues, as well as the confidentiality of business customers or technical issues.
If you can master these things, you can use them better, and the company will be afraid to get into trouble with you, that is, to grab his pigtails.
Only then can we effectively get rid of the unfavorable situation and control the favorable situation.
Knowing the law and understanding the law is already a kind of **.
You see how well the company uses it, you have to learn a little bit yourself.
Find evidence that they are not legitimate, and you win, and you roll over.
For your departure, there needs to be a process.
For example, you can call in sick and procrastinate.
When the salary is paid last month, there is no much gap with the company, you can apply for resignation, but the big deal is that little salary, the money is in your pocket, and it is difficult for him to want it.
Like you said, you will sue if you resign, then you didn't sign the contract, he went to sue a ghost! You must first prove that you have an employment relationship.
There is not even a contract, and no one cares if it is sued to the gods.
You can keep your salary records to prove that you got your wages during the original contract period and performed your labor reasonably, then you don't have any wrong problems, and without the constraints of the labor contract, the company system cannot be a restriction for you.
You can terminate the labor relationship at any time in the name of my temporary service to the company, and if he wants to embarrass you, you will say that you will force you again, and you will sue them, because you have not signed a contract with the employee, and you will be compensated with double wages! Also, you can learn more about the company system to see if there is any violation of the law, and you can sue them in turn.
Problems of the industrial and commercial taxation department can be reported to the relevant departments.
Protect yourself from injury.
If someone uses legal means to hurt others, then someone needs to use the law to protect themselves.
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Although the contract has not been renewed, you have a salary card. There is a rule that resignation must be given 30 days' notice.
You should leave or renew your contract as soon as it expires.
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You can leave when your contract expires, the company did not renew it with you to a certain extent, and it wants you to leave automatically, you should not bear any responsibility, rest assured to leave, if you want to sue them to go to the labor arbitration commission.
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1. If you resign voluntarily, you should give 30 days in writing (3 days in advance during the probation period), and you can leave after the notice expires, regardless of whether the unit agrees or approves.
2. But you should collect and pay attention to the evidence that has been notified in writing: once the employer asks you to compensate for the losses caused by your resignation in the future, you have evidence to prove that you are not illegal and should not be compensated?
3. "What should I do if I don't let people go, what evidence do I need if I sign a labor contract, if I apply for labor arbitration":
1) Keep the evidence that you have been notified in writing in advance, and leave directly after the notice expires.
2) You don't need to file labor arbitration: if you want to ask the employer to go, you just need to leave, and if the employer wants you to compensate and initiate labor arbitration, you just need to produce evidence.
4. "Do you want this evidence, is there any mistake":
1) If you have no evidence, you are illegally resigning, and you must compensate for the losses caused to the unit due to your resignation.
2) The evidence is very simple, the receipt of the unit when you submit the written resignation notice, the receipt when mailing, and the recording of the unit leader or the sending and receiving personnel acknowledging the receipt of your resignation letter.
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The legs are on you, and you can walk whenever you want, except for those who sign a confidentiality agreement. If you don't want to get your salary back, you can back up the resignation slip and relevant records, and then go to the labor bureau to complain.
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This is a typical breach of contract, you can sue them to the labor bureau, the materials that need to be presented, you only need your resignation report, which has the signature of the leader!
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