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It is not necessary to notify the employer in writing 30 days in advance (3 days in advance of the probationary period), and the labor contract will be terminated after expiration. However, it is necessary to pay attention to the preservation of the submitted evidence, and the resignation notice can be submitted by mail.
At the same time, if the employer is legally at fault, i.e., under Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately by written notice and request the employer to pay severance compensation.
Legal basis: Labor Contract Law
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.
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.
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It depends on your job.
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Half a month into the company must be within the probationary period, and you can resign at any time. The probationary period shall not exceed six months according to the law, and within this period, if you want to leave your job, you can directly communicate with the human resources department and propose to terminate the employment contract. The probationary period is calculated from the signing of the probationary contract, and the formal labor contract shall be signed by the supervision unit in any unit.
If the employer wants to pay the wages due to the employee's resignation too quickly, it can file an arbitration or lawsuit. Provisions of the Labor Law on the termination of labor contracts: Article 21 A probationary period may be stipulated in a labor contract.
The probationary period shall not exceed a maximum of six months. Article 24 A labor contract may be terminated upon the agreement of the parties to the labor contract. Article 32 Under any of the following circumstances, the worker may terminate the labor contract at any time by notifying the employing unit:
1. During the probationary period; 2. The employer uses violence, threats or illegal restrictions on personal freedom to force labor; 3. The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract. Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: 1. Deducting or defaulting on the wages of the worker without reason; 2. Refusal to pay wages and remuneration for extended working hours; 3. The wages of workers are paid below the local minimum wage standard; 4. After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
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Summary. Dear, I'm glad to answer for you: just apply for resignation after three months of resignation.
Three months after entry, compared with the normal resignation may still be in the probation period, the resignation cycle will be relatively short, in the company to submit the resignation application to the time to prepare for resignation, ready to resign the information and matters that need to be handed over (because there is not too long resignation buffer period), according to the leader's arrangement for work handover, check attendance when leaving, confirm the date (or time period) of resignation payroll, and cooperate with the company's personnel to handle resignation procedures.
Dear, I'm glad to answer for you: just apply for resignation after three months of resignation. Three months into the company, compared with the normal resignation may still be in the probationary period, the resignation cycle will be relatively short, in the company to submit a resignation application to the time to prepare for resignation, ready to leave the need to hand over the information and matters (because there is not too long resignation buffer period), according to the leader's arrangement into the limb work handover, check the attendance when leaving, confirm the date (or time period) of resignation pay, and cooperate with the company's personnel to handle the resignation procedures.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China A worker may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer with whom the employee is using the labor contract three days in advance.
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You can leave your job, even if you have worked for less than a month, the company should pay you according to the number of days you attend. The remuneration paid by the statutory employer to the employee in the form of money in accordance with the provisions of the law or the industry, or according to the agreement between the employer and the employee. If you do not sign a labor contract, you will automatically leave your job and get paid.
1. Do you get paid if you don't sign a contract when you join the company?
If you do not sign a labor contract, you will automatically leave your job and get paid.
1. If the employee voluntarily resigns, it is an illegal termination of the labor contract, and the employer shall be compensated for the losses caused thereby. However, the employer bears the burden of proof of the loss. If the loss is actually caused, it can be deducted from the salary.
2. If the employer arbitrarily deducts wages, the worker can file a complaint with the local labor and social security department (labor inspection brigade); or apply to the Labor Dispute Arbitration Commission for labor arbitration.
2. What compensation will I get if I resign without signing a labor contract?
The employer may be required to pay severance and double wages for those who have not signed a labor contract: severance compensation shall be paid to the employee one month's salary for each full year of the employee's service in the employer (one month for six months and less than one year, and half a month for less than six months). The double salary without a labor contract shall be calculated at twice the monthly wage standard from the second month of employment of the employee (the calculation time shall not exceed 12 months), and the payment shall be subtracted from the salary paid by the company during this period.
In addition, the company can also claim through legal procedures that the company should pay the social insurance premiums for the duration of the employment relationship.
Article 47 of the Labor Contract Law [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the number of years of service of the employee in the employer, and the standard of 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid 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.
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The main thing to pay attention to when leaving the company after three months of employment is to submit the resignation within the time limit prescribed by law, and it is enough to go through the resignation procedures.
If the employee is still on probation, the employee may terminate the employment contract by notifying the employer in writing three days in advance of the resignation during the probationary period.
If the probationary period has passed, the employee shall notify the employer in writing 30 days in advance to terminate the labor contract according to the employee's own choice.
If the employer forces 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.
1. Whether to resign or resign.
Resign. Resignation is the resignation of the employee, which is the act of the employee proposing to the employer to terminate the labor contract or labor relationship. There are generally three situations of resignation:
The first is to immediately terminate the labor relationship in accordance with the law, if the employer forces the employee to work with violence or threats, or does not 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; Zheng applied to the employer, and the two parties agreed to terminate the contract. To leave a job is to leave an existing position. Employees of public or private institutions are discharged from their positions due to retirement, resignation, suspension, dismissal, death, etc.
2. The fastest way to terminate the labor contract.
The employee may terminate the employment contract by giving 30 days' notice to the employer. If the employee wants to terminate the labor contract during the probationary period, he or she can notify the employer three days in advance, and after the employee submits the resignation report to the employer, the employer will cooperate with the employee to go through the resignation procedures, and if the company has violated the law, the employee can leave the job directly.
Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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