How can I compensate for resigning before the probationary period, and I resigned during the probati

1. Job transfer is the main content of changing the labor contract, and the employer must first reach an agreement with the employee, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle;

2. If the employer is transferred for production and operation needs, and the transfer is reasonable, there is no insult or punishment nature, the salary is not reduced, and there is a correlation between the position agreed in the labor contract, the transfer is valid; Workers should comply with it as workers. Of course, the reasonableness of the position adjustment requires the employer to provide evidence; On the contrary, if the employer adjusts the position of the employee based on forcing the employee to leave the job, the employee can refuse. If an employer terminates an employment contract on the grounds that the employee does not obey the arrangement, it is an illegal termination. The worker can apply for labor arbitration to claim compensation, and pay 2 months' wages for 1 year of service, that is, 2N;

3. If the employee is not competent for the job, the employer also has the right to adjust the position. Of course, the employer also needs to provide evidence if it claims that the employee is incompetent for the job. If the employee refuses to adjust the position, the employer terminates the labor contract on this basis, which is a legal termination, but the employer should also pay economic compensation, i.e., n.

Dismissed? Theoretically, there is no compensation for wages, the labor law stipulates that the dismissal of employees during the probation period does not need to lose money, and the labor contract will have this protection only after the labor contract is regularized, and the probationary contract is written by the company with reference to the labor law, otherwise the provisions cannot be changed all the time and sign the labor contract, because the labor contract is the guarantee.

Legal analysis: If the normal resignation procedures are not performed during the probationary period and a certain loss is caused to the employer, the employer may require the resignation to make some compensation.

Legal basis: Labor Contract Law of the People's Republic of China

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 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or the non-compete restriction system stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

If the resignation during the probationary period is carried out in accordance with the normal procedures, it is generally not necessary to compensate the employer. However, if you fail to resign in accordance with the procedures and cause losses to the employer, you need to compensate the employer for the actual losses.

1. How to deal with the problem of not being able to terminate the contract during the probation period.

1. The employer can prove that the employee does not meet the employment conditions, and the contract can be terminated and compensation is not required.

2. During the probationary period, as long as there is no provision in Article 22 of the Labor Contract Law, if the employee agrees on the service period with the employer, he only needs to resign three days in advance, and the labor contract can be terminated without the consent of the employer. However, if the employee terminates the labor contract in violation of the provisions or the provisions of the labor contract, causing losses to the employer, the employee shall compensate the employer for the losses.

2. How to deal with the resignation of the leader who does not approve.

The handling method of resignation leader is as follows:

1. If the employee wants to resign formally, the labor contract can be terminated as long as the employer is notified in writing 30 days in advance, and the consent of the employer is not required;

2. If you want to resign during the probationary period, you only need to notify the employer three days in advance to terminate the labor contract.

The process of resignation is as follows:

1. The worker should write a letter of resignation. Grasp the reason for resignation, resign voluntarily, there is no economic compensation, and you can't enjoy unemployment benefitsIf you resign unwillingly, then you can enjoy economic compensation and unemployment benefits;

2. The worker should apply for resignation one month in advance, submit the resignation letter at the beginning of the month, and find the company to sign and agree;

3. The employee shall go through the resignation procedures according to the management of the company's personnel department, and may have to sign and agree with the manager of each department according to the resignation form;

4. After the handover of the work, the personnel department of the company shall issue a certificate of termination of the labor contract, give the social security handbook and employee file to the person who has been engaged in the labor merger, and settle the remaining salary.

3. What should I do if the company does not give me resignation?

Resignation does not require company approval, so it is useless not to let go. If an employee who needs to resign is a formal employee, he or she may terminate the labor contract by notifying the employer in writing 30 days in advance, without the consent of the employer. If the employment contract is terminated within the probationary period, the employment contract can be terminated by giving only three days' notice to the employer.

If an employee resigns during the probationary period, he or she does not need to pay compensation if he or she does not cause economic losses to the employer and does not violate the service period or non-compete agreement. If economic losses are caused to the unit, the part of the salary shall be deducted from the unit as compensation in accordance with the law. If the service period or non-compete agreement is violated, liquidated damages are required.

Article 16 of the Interim Provisions on Payment of Wages If the employer suffers several economic losses due to the employee's own reasons, the employer may require the employer to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses is 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. Article 25 of the Labor Contract Law of the People's Republic of China Except for the circumstances provided for in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages.

Legal analysis: The probationary period is called probation, which means that both the employer and the employee can check whether the other party meets their own requirements during this period, and both parties have a relatively free way to terminate the contract. In particular, employees who resign during the probationary period can notify the employer at any time, and generally do not need to bear the liability for breach of contract caused by this.

Legal basis: Article 32 of the Labor Law of the People's Republic of China Under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer: (1) During the probationary period; (2) The employer uses violence, threats, or other means to restrict personal freedom and posture by means of forced labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.