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How long can a pregnant woman leave after resigning under special circumstances Generally, a worker who resigns requires 30 days' written notice to the employer before terminating the labor relationship. 1. There are three situations in which an individual submits a resignation: 1. In the case of an employer in accordance with 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).
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Hello friends, in view of your situation, the early stage of pregnancy is not suitable for standing for a long time or doing manual work, if there is a problem the unit needs to pay full responsibility, you can refuse the boss's request, you can apply for a change of position.
If you don't go to work and don't go through the leave procedures, the employer will dismiss you for seriously violating the rules and regulations, and you don't need to pay economic compensation.
However, if you voluntarily resign, or if you voluntarily resign, the salary unit must be paid, but you must do the handover procedures.
Thanks, hope.
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In general, an employee who resigns from the company must notify the employer in writing 30 days in advance to terminate the employment relationship. 1. There are three situations in which an individual submits a resignation: 1. In the case of an employer in accordance with 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).
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If the accident really happens, what responsibility can the boss bear, that is, the boss can suffer on your behalf when you are responsible for the crime, and the resignation is really taken away, and the salary is not paid normally, and the court sues the boss.
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Handling of pregnancy during resignation: After the employee submits the resignation application, it is the employee's own will to resign, so the employer can arrange for the employee to leave within 30 days. If the employee regrets and is unwilling to resign, he or she can negotiate with the employer, and the resignation application can be revoked with the consent of the employer.
Article 29 The employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law if a worker falls under any of the following circumstances: (1) Suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work; (2) Sick or injured within the prescribed period of medical treatment; (3) Female employees are pregnant, giving birth, or breastfeeding; (4) Other circumstances provided for by laws and administrative regulations.
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After the employee submits the resignation application, it is the employee's own will to resign, so the employer can arrange for the employee to leave within 30 days. If the employee regrets and is unwilling to resign, he or she can negotiate with the unit, and after the consent of the unit, he can revoke the resignation application.
Article 29 of the Labor Law stipulates that an employer shall not terminate a labor contract in accordance with Articles 26 and 27 of this Law if an employee falls under any of the following circumstances:
1) Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;
(2) Sick or injured within the prescribed period of medical treatment;
(3) Female employees are pregnant, giving birth, or breastfeeding;
(4) Other circumstances provided for by laws and administrative regulations.
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Legal analysis: In view of the provisions on the resignation of pregnant women, resignation is a voluntary act of the employee, and the enterprise will approve it, but the enterprise cannot dismiss the pregnant employee The special treatment for female employees stipulated by laws and regulations1Employers must not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts because of their pregnancy, childbirth, or breastfeeding.
2.If a female employee is unable to adapt to her original work during pregnancy, the employer shall reduce the amount of work or arrange other work that can be adapted to the work.
Legal basis: Labor Contract Law of the People's Republic of China Article 42 If a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law.
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If you voluntarily resign, you will not receive any compensation, and at the same time, you will not be able to enjoy the treatment of female employees during pregnancy as prescribed by law, and it will be difficult to be hired if you find a job in another unit. Therefore, it is recommended that you perform according to the original contract. In this way, you can protect your rights and interests to the greatest extent.
Article 42 of the Contract Law of the People's Republic of China stipulates that the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee falls under any of the following circumstances: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is under diagnosis or medical observation; (2) Suffering from a professional illness or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.
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If a pregnant woman voluntarily asks to leave her job, there is generally no compensation. If the employer dismisses a pregnant woman in violation of the Labor Contract Law, it can claim compensation. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary 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. If the monthly wage of a 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 to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:
1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.
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The obligation to resign from a general job is to notify the employer in writing 30 days in advance. After giving 30 days' written notice to the employer, the employment contract can be terminated without the approval of the employer.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If an employer and an employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 36 An employer may terminate a labor contract if it reaches an agreement with a worker through consultation.
Article 9 of the Interim Provisions on Payment of Wages 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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