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Hello! Landlord.
If you don't sign a contract, it's a big disadvantage for you, but you can go to your local labor office for advice.
If an employee falls under the circumstances specified in Article 39 of the Labor Contract Law, the employer may terminate the labor contract immediately without prior notice and without paying severance payments.
If the employer terminates the labor contract in accordance with Articles 40 and 41 of the Labor Contract Law, the employer shall give 30 days' written notice or pay an additional month's salary instead.
Labor Contract Law:
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
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 labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:
1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;
2) Serious difficulties occur in production and operation;
3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;
4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.
When reducing personnel, priority shall be given to retaining the following personnel:
1) Entering into a fixed-term labor contract with the unit for a longer period of time;
2) Entering into an indefinite labor contract with the unit;
3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.
Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.
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You may unilaterally terminate the labor contract by notifying the employer in writing 30 days in advance, in which case the employer shall not deduct your salary on this ground, but it shall be careful to retain the evidence that the 30 days' written notice has been given.
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1. Employees who are emotionally stable and basically abandon personal prejudices.
Moscow does not believe in tears, and neither does the workplace. Not only that, but the workplace doesn't believe in anger, jealousy and ridicule. All these negative emotions are very harmful to both the workplace environment and the people themselves.
The workplace is inherently difficult, and there will be many people you don't want to see at all, but that's not a reason for you to vent your emotions. Everyone is an adult, find the right way to release negative emotions, eat, drink, sing and travel, but don't vent in the company, and don't vent to your colleagues. Even if the other person is the one who causes you negative emotions.
2. Employees with excellent execution.
There is no shortage of leaders in the workplace, and if you talk about something, I believe everyone can say it right. You can even give one, two, three or four points on the spot. But what is more important is execution. If the implementation is not good, no matter how good the plan is, it is also versatile.
Moreover, compared to the boss, the middle and junior managers are employees at the executive level. Rather than commanding from a high vantage point, the boss prefers someone who is determined to follow through on his decisions.
3. Dare to act and act bravely, and do not shirk responsibility.
It is inevitable to make mistakes in the workplace, and sometimes even cause relatively large losses. At this time, some people will pass the buck everywhere, hoping that the sweeping aunt is related to this mistake, and he himself has no responsibility.
However, you have to understand that the reason why a boss is a boss is because he has a vision and insight that you don't have. For the right and wrong of something, who should be mainly responsible, the boss has long been confident.
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The boss is most afraid of the rogue employee leaving, and he will rip off the money.
Our company has encountered several such people.
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The boss is most afraid of the resignation of excellent and irreplaceable employees.
Excellent technicians are the core of the whole enterprise, with their existence, the enterprise has innovation, high-tech, high-content products, products can have a larger market, in order to create greater value.
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The boss is not afraid of anyone leaving, and the most important thing now is talent.
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The boss is most afraid of the kind of education is very high, but also very capable, and the attitude is relatively good, this kind of person resigns, the boss is the most afraid, in addition, the boss also appreciates that kind of work attitude, especially serious people, like this kind of people resignation is also the company's loss, so I am also afraid of their resignation.
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I think the boss should be afraid of some capable and experienced old employees resigning, which will have a certain impact on the work development process.
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Down-to-earth, conscientious and responsible. Because then your surplus labor force has not yet been squeezed out.
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The boss is most afraid of employees who are skilled, capable, efficient, strive for excellence in their work, and obey the leader's arrangement.
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The boss is most afraid of those key employees leaving.
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Of course, it's inside and out.
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Legal Analysis: It is certainly illegal for a boss to dismiss an employee without cause; The illegal termination of the labor contract is a violation of China's labor law, and the employer needs to bear all the economic compensation of the employee, and the calculation will be based on the number of years of service of the employee.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, engages in malpractice, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated for criminal responsibility in accordance with law.
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