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Generally, you write an application for resignation one month in advance, so that it is not considered a breach of contract, if the company gives you further education and training, you may need to pay the company for training your expenses.
If you don't have a place to transfer to social security now, put it in the company first, handle the reduction, and wait until you find a job before you transfer.
You have graduated, you will definitely not transfer back to the school, you can take it yourself, or put it in the talent center, or the personnel bureau, if you have found a suitable job, you can directly bring it to the current unit.
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1. According to the labor law, employees must submit a written application for resignation one month in advance;
2. If the employee takes the initiative to resign, the company will not compensate him.
3. After resigning, your social security company will transfer you out, if you are transferred to the file, he should give you a dismissal, and the file will be returned to the street where the household registration is located.
4. The losses caused by early resignation to the company need to learn from your labor contract, and the expenses incurred in sending you to other companies or training institutions for further study will be borne by you.
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Basically, if the company has not provided you with further education and other study expenses, you don't have to compensate, in your case, you can notify the school after you resign, and say that you can transfer the file back to the place of your household registration when you graduate. However, you can resign a month in advance. Learn about labor laws and have a secure job.
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This is not considered training, you do not need to pay any compensation for your resignation, if you have not obtained the graduation certificate, then you can terminate the two-way agreement with the unit, and the school can be reassigned.
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Depending on the nature of the contract, if it gives you the opportunity to study or further your studies, then you have to compensate, which is generally written in the contract? However, it is generally possible to write a resignation application.
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[Legal Analysis].
According to the number of years of service of the worker, one month's salary shall be paid to the worker 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. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.
First, if the employer terminates the labor contract by the parties to the labor contract through consultation, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer, up to a maximum of 12 months. If the working time is less than one year, severance shall be paid at the rate of one year. Second, if the labor contract is terminated due to the employee's illness or non-work-related injury, and the labor appraisal committee confirms that he is unable to perform the original job or the work arranged by the employer, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of his or her service in the employer, and shall also pay a medical subsidy of not less than six months' salary.
Legal basis] Labor Contract Law of the People's Republic of China Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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Legal analysis: The employer and the employee can terminate the labor contract without compensation if they reach an agreement through negotiation. If the Laohu actor notifies the employer in writing 30 days in advance, he or she may terminate the labor contract without compensation.
The employer fails to provide labor protection or working conditions in accordance with the labor contract; Failure to pay the full and timely remuneration for labor; Failure to pay social insurance premiums for workers in accordance with the law; If the rules and regulations of the employer violate the provisions of laws and regulations and damage the rights and interests of the employee, the employee may terminate the labor contract without compensation.
Legal basis: Labor Contract Law of the People's Republic of China
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 employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; Other circumstances in 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.
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The labor contract is signed for three years, and the employee resigns, if the employee is not at fault, generally do not lose money; If the employee violates the confidentiality obligation or non-competition restriction agreed in the employment contract and causes losses to the employer, he or she shall lose money.
Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment 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.
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