-
1. There are three situations in which an employee proposes to terminate the labor contract (resign): First, the employee proposes to terminate the labor contract in accordance with the provisions of Article 37, that is, 30 days in advance (3 days of probation) is notified to the employer, and the approval of the employer is not required. However, the employer is not liable for economic compensation; Second, in accordance with the provisions of Article 38, the termination of the labor contract does not need to be approved 30 days in advance, and the person can leave immediately.
In addition, the employer must also pay severance of one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90. 2. Therefore, it is very important to have a legitimate reason for resignation, as long as the reason is legitimate, any employer can not refuse, of course, if there is no legal reason, not only can you not go, you are gone, the unit will also find you trouble, not to mention that you will not get compensation, but you will also be asked to pay liquidated damages, and you will not go through the resignation procedures, which will cause trouble for your future employment. 3. It is recommended that you refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, such as not signing the labor contract, not arranging working hours in accordance with national regulations, not paying labor remuneration in full and on time, not paying overtime wages for overtime, collecting deposits, and not establishing national statutory social insurance for employees on time.
4. The notice of resignation can be written as follows: The labor contract signed between a certain department and the employer from xx year xx to xx year xx month, because the employer has violated the relevant provisions of the Labor Contract Law, (any one or two of the above illegal matters can be listed), in accordance with the relevant provisions of Article 38 of the Labor Contract Law, proposes to terminate the labor relationship, and requests the employer to pay the arrears of wages in full in accordance with the relevant provisions of the Labor Contract Law, in accordance with Article 46 of the Labor Contract Law, Article 47 stipulates that severance shall be paid, and in accordance with the provisions of Article 50 of the Labor Contract Law, the wages during the working period shall be settled and the resignation procedures shall be completed in a timely manner. 5. Of course, in accordance with the provisions of Article 37 of the Labor Contract Law, the employer can be notified 30 days in advance (3 days of probation), and the employer can be required to go through the resignation procedures and leave without any reason.
6. The notice can be written as follows: There is a certain department and a certain department, the labor contract signed with the employer from xx year xx to xx year xx month, due to my own reasons, I hereby submit my resignation in accordance with the provisions of Article 37 of the Labor Contract Law, and will leave the unit after 30 days, please do a good job of taking over the work, I will do a good job of handing over the work within the specified time, and ask the unit to go through the resignation procedures in a timely manner in accordance with the provisions of Article 50 of the Labor Contract Law. 7. The "notice" must be signed by the unit, and he will be delivered by ** letter or courier without signing, so as to ensure that the evidence of the delivery of the notice is left.
-
You can resign after signing the labor contract for one year. The employee may terminate the 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.
If the employer is legally at fault, the employee can resign and claim financial compensation.
Article 36 of the Labor Contract Law of the People's Republic of China [Termination of Labor Contract through Negotiation] The employer and the employee may terminate the labor contract through negotiation.
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.
-
Legal analysis: It is possible to resign after signing a one-year labor contract. Generally, there are the following ways:
1. The employee and the employer negotiate to terminate the labor contract.
2. Notify the unit in writing 30 days in advance and formally terminate the labor contract between the two parties after 30 days.
3. If the unit has violated the law, the employee can exercise the unilateral right of immediate termination.
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.
Illegal. After the application period, the performance company has known that you are competent for the job, if you are not competent for the job, the company can adjust the position, but you cannot be dismissed at any time. If you are still incompetent after being transferred, you can be dismissed after negotiation, but your salary will be supplemented. At least for a month.
The monthly wage for calculating severance refers to the average salary due to the employee in the 12 months prior to the termination of the labor contract. >>>More
According to the provisions of the Labor Contract Law, if the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months. >>>More
The company wants to sign a labor contract for a period of one year, which is a legal act, and there is no law to specify how long the contract will be signed. >>>More
If the employment contract has not expired and you have not committed any wrongdoing, the company's termination is an illegal termination of the employment contract. >>>More