The company breached the contract, and forced me to resign, is resignation considered a breach of co

Clarify the meaning of working in the company, and you can't afford to delay it. Learn to make trade-offs.

You should go to the company and go to the labor office.

If the contract period has not expired and the employee submits his resignation to the employer, he must give 30 days' notice to the employer, and the notice is in writing, which is the employee's right to choose his own employment, so the employee's resignation is of course not considered a breach of contract, and there is no need to pay liquidated damages. If you do not sign a professional skills training agreement, you do not need to bear legal responsibility.

Resignation Steps and Procedures:

1. Notify the employer in writing 30 days in advance, and notify the employer 3 days in advance during the probationary period;

2. The worker shall handle the work handover in accordance with the agreement between the two parties;

3. The employer shall issue a certificate of termination of the labor contract and go through the formalities for the transfer of files and social insurance relations for the employee within 15 days.

Legal basisArticle 26 of the Labor Contract Law of the People's Republic of China.

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.

Legal Analysis: Resignation during the signing of an employment contract is not considered a breach of contract. If you do not sign a professional skills training agreement, you do not need to bear legal responsibility.

1. There are three situations in which an individual proposes to resign:

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without 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.

2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

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

Article 32 If you are still in the probationary period, you may submit an application for resignation at any time and notify the employer to terminate the labor contract without breach of contract.

Article 24 If you and the employer reach an agreement on your resignation application, the labor contract may be terminated without breach of contract.

Legal Analysis: Does not constitute a breach of contract. Generally, an employee is not required to pay liquidated damages to the employer if he or she resigns.

Only if the employee and the employer agree on the service period after the training or enter into a relevant confidentiality agreement, the employee shall bear the corresponding liability for breach of contract and pay liquidated damages to the employer.

Legal basis: Labor Contract Law of the People's Republic of China Article 22 Where an employer provides a worker with special training expenses and professional and technical training, it may enter into an agreement with the worker to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period. If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

The employer's breach of contract can be handled through negotiation between the two parties. However, the employer shall bear the corresponding liability for breach of contract and pay the employee the corresponding economic compensation in accordance with the relevant provisions of the contract for breach of contract.

The following is a detailed answer to the question of what to do if the employer breaches the contract.

1. What should I do if the employer breaches the contract?

1. The handling method of the employer's breach of contract: it can be handled by both parties through negotiation. However, the employer shall bear the corresponding liability for breach of contract and pay the employee the corresponding economic compensation in accordance with the relevant provisions of the contract for breach of contract.

2. Legal basis:

Article 87 of the Labor Contract Law of the People's Republic of China provides that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Article 577 of the Civil Code of the People's Republic of China provides that if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Tan Lee.

2. How to deal with the unit's illegal agreement on the probationary period

1. If the employer illegally agrees on the probationary period, the employee may negotiate with the employer to deal with it; If the negotiation fails, the worker may file a complaint with the labor administrative department, which shall order the unit to make corrections; If the probationary period has been fulfilled in violation of the agreement, the employer shall pay compensation to the employee according to the period exceeding the statutory probationary period based on the full monthly salary of the employee's probationary period.

2. If the employer fails to conclude a written labor contract with the 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.

3. If the employer violates the provisions of this Law by agreeing on a probationary period with the employee, the labor administrative department shall order it to make corrections; If the probationary period has already been fulfilled, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the employee's salary at the end of the probationary period.

If the company breaches the contract, the non-breaching party may request that the contract be continued in accordance with the contract, or require the breaching party to terminate the contract and pay liquidated damages. If the breaching party is truly unable to continue to perform the contract, the breaching party shall compensate the other party for the losses caused by the breach, including direct losses and loss of expected profits. When both parties agree to terminate the contract, the breaching party can directly compensate for the economic losses.

Legal basis

Article 502 of the Civil Code of the People's Republic of China.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed upon by the parties.

Article 577.

If one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking measures to make amends, or compensating for losses.

583 Accompany the rest of the article.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.

If the company wants to transfer, it is unnegotiable, but if you leave on your own initiative, there is no compensation. If the company terminates the employment contract, it shall compensate accordingly.

If the employer unilaterally transfers jobs without the consent of the employee, the employer's act is illegal, and the employer shall pay compensation to the employee.

According to Article 38 of the Labor Contract Law, an employee may terminate a labor contract if the employer falls 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 provided for 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.

Therefore, the company's failure to provide labor protection or working conditions in accordance with the labor contract is a breach of contract by the company. Article 35 of the Labor Contract Law also clearly stipulates that an employer shall reach an agreement with the employee on a change to an employment contract through consultation and shall do so in writing.