Can I get compensation for resigning from an indefinite contract?

If an indefinite-term labor contract has been signed, the employee does not resign because of Article 38 of the Labor Contract Law, and there is no severance payment.

The legal basis is the Labor Contract Law of the People's Republic of China

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.

Article 46 Under 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.

Legal analysis: If the employee voluntarily resigns due to his own reasons, he or she cannot be compensated, and if the employee resigns because the employer fails to pay the labor remuneration in full, fails to pay social security quietly, etc., the employer shall pay economic compensation.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

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 contract in accordance with 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.

If an employee resigns without an indefinite term labor contract, there is no compensation, and if the employee resigns on his own or for his own reasons, the employer does not need to pay any economic compensation or compensation.

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after you propose to terminate the labor relationship in writing without the need for the approval of the employer, and you can 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 you submit a written resignation 30 days in advance, you can resign 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 you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

If further information can be provided, it may be helpful to provide a more detailed and accurate answer.

If an employee has signed an indefinite-term contract and resigns from the contract, the employer is not required to pay economic compensation if the employee voluntarily proposes to terminate the labor contract due to personal reasons.

However, if the employer fails to pay labor remuneration in full and in a timely manner or fails to pay social insurance premiums for employees in accordance with the law as stipulated in Article 38 of the Labor Contract Law;

If the employee proposes to terminate the labor contract, the employer shall pay severance according to the first paragraph of Article 46 of the Labor Contract Law.

Legal basis] Article 47 of the Labor Contract Law, for the calculation of economic compensation, the economic compensation shall be paid to the employee according to the number of years of service of the employee, one month for each full year and the standard of absolute wage.

If it is less than one year after six months, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

The monthly wage of the worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located;

The standard of severance shall be paid at three times the average monthly salary of the employee, and the maximum period of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Legal analysis: If the employee proposes to terminate the labor contract, whether the employer should pay economic compensation is not related to the term of the labor contract concluded by both parties, but to the reason for the termination of the labor contract proposed by the employee. Under normal circumstances, if an employee voluntarily proposes to terminate the labor contract due to personal reasons, the employer is not required to pay economic compensation.

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

Article 24 A labor contract may be terminated upon the agreement of the parties to the labor contract.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Article 27 Where a unit that is on the verge of bankruptcy and undergoes statutory rectification or has serious difficulties in its production and operation conditions, and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the workers, and may lay off the personnel after reporting to the labor administrative department. Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.

Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.

You resigned for personal reasons, why does the company want to compensate you?