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If your statement is true, then the boss of the employer has violated the law, and you should defend your rights.
If you have evidence to prove that the employer has committed illegal and prior wrongdoing (illegal deduction of employees), you can immediately submit an emergency resignation to the employer at any time (Article 38 of the Labor Contract Law), request the employer to settle your wages in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), issue a certificate of termination of the employment contract (Article 50 of the Labor Contract Law), and pay you severance (Article 46 of the Labor Contract Law). Otherwise, you can immediately call **12333 to report the case to the local Labor and Social Security Supervision Brigade (Article 9 of the Labor and Social Security Supervision Regulations) and ask the Labor and Social Security Inspection Brigade to handle it in accordance with the law.
Article 38 of the Labor Contract Law The employee may terminate the labor contract under any of the following circumstances:
Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
Failure to pay labor remuneration in full and in a timely manner;
Failure to pay social insurance premiums for workers in accordance with the law;
The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;
The labor contract is invalid due to the circumstances specified in paragraph 1 of Article 26 of this Law;
Other circumstances under which the employee may terminate the labor contract as provided 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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Legal analysis: If you have submitted your resignation in writing 30 days in advance, you can resign after 30 days without the consent of your boss. If the boss refuses to let him go, he can apply for mediation or labor arbitration.
Legal basis: Labor Law of the People's Republic of China
Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.
Article 79 After a labor dispute arises, the parties may apply for mediation to the Labor Dispute Mediation Committee of the unit; If mediation fails, if one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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Legal analysis: If the employer does not let him go, he or she can directly submit a resignation report, as long as the employer is informed 30 days in advance that the labor contract will be terminated, the employee can directly leave the job and terminate the labor contract after the expiration of the term. The resignation of the employee in accordance with this provision is legal, and the approval of the employer is not required, and the employee can leave the job when the time comes.
If the employer regrets deducting wages, it can apply to the labor arbitration commission for arbitration (no fees) and then demand the wages back.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employee 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 response contract by notifying the employer three days in advance.
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Summary. The boss won't let you go, saying that you won't be paid if you leave, if the company has violated the law, you can also go, but you have to submit a notice of resignation according to the process.
The boss won't let me go, and he won't pay me if he leaves, can I go.
The boss won't let you go, saying that you won't be paid if you leave, if the company has violated the law, you can also go, but you have to submit a notice of resignation according to the process.
If that's the case, the contract is for three years.
For example, if the company is in arrears of wages or does not pay labor insurance for you, it can be clearly written on the resignation notice that you can resign and leave your post due to the company's illegal application, and the time is a certain year, a certain month, and a certain day. You can leave your post by notice hereby. Wages are still paid.
Good. Okay, I'm glad to help you.
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Legal Travel Fiber Analysis:
The resignation report is handed over to the boss for a month and leaves directly. If the two parties fail to reach an agreement, it is recommended to seek help from the labor department and apply for labor arbitration.
Legal basis: Labor Contract Law of the People's Republic of China Article 37 The labor contract may be terminated if the employee notifies 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.
When terminating an employment contract, the employee complies with the legal procedures by complying with the notice period for termination and notifying the employer in writing.
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Legal analysis: If the employer is not allowed to leave the resignation, the employee can directly submit the resignation report, as long as the employer is informed 30 days in advance of the termination of the labor contract, the employee can directly leave the job and terminate the labor contract after the expiration of the term. The resignation of the employee in accordance with this provision is legal and does not require the approval of the employer, and Zheng Daijing can leave the job at that time.
If the employer withholds wages as a result, it can apply to the labor arbitration commission for arbitration (no fees) and then demand the wages back.
Legal basis: Labor Contract Law of the People's Republic of China Article 37 Xingmin An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. If the employee notifies the employer three days in advance during the probationary period, he or she may terminate the labor contract and call caution.
It seems that you still want to learn things, you can't be trapped by temporary profits, you can go if you want to, just say it, just say it, just say go there to study, live there more, if the boss keeps you again, you just say that you will finish learning in the past, if you want me, I will come back.
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