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It doesn't matter, as long as you submit your resignation report to the company 30 days in advance, you can leave at that time. The company must go through the final settlement filing procedures and social insurance transfer procedures for you, and within 15 days after leaving the company, hand over the certificate of termination of the labor contract and other formalities to you, settle the salary, and handle the handover. Nothing else.
Specifically, the human resources department has passed. You can submit your resignation to the Human Resources Department with a written resignation report to the Department Leader.
There are no liquidated damages.
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Because it's your first time leaving a job, you don't know a lot of things, and you're inevitably a little scared.
As long as you submit a written application to your company's human resources department 30 days in advance, signed and checked by the leader, as long as you are full of one month, you can leave. This is the normal order of departure. The most important thing is to see whether your company is formal or not, if you say you leave today, and the human resources department agrees that you are leaving, then you can leave today.
The company pays you five insurances and one housing fund, which is more troublesome. Generally speaking, if you change companies, if the company still pays you five insurances and one housing fund, and it is in a region, you can transfer it. If you say that you have changed regions, I don't know how to insurance, but your provident fund can only withdraw about 12% of what you pay (depending on the specific regional regulations), and the rest will be confiscated.
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Hello, you can resign to the company one month in advance, and there is generally no liquidated damages, unless the employer provides you with special training or you have violated the non-compete agreement.
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If the employee wants to terminate the labor contract with the employer, he or she can negotiate with the person in charge of the employer and terminate the labor contract after reaching an agreement through negotiation. or if the employee notifies the employer in writing 30 days in advance, he or she may also terminate the contract with the employer; If the worker is on probation, he or she only needs to notify the employer three days in advance.
Legal basis] Article 36 of the Labor Contract Law of the People's Republic of China.
The employer and the employee may terminate the labor contract if they reach an agreement through consultation.
Article 37.
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.
Article 38.
The employee may terminate the 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.
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Legal analysis: (1) A written notice of termination of the labor contract shall be prepared and served on the employee, and the notice of termination of the labor contract shall state the facts, reasons and basis for the termination of the labor contract by the employer. (2) The labor union shall be notified in advance of the reasons for terminating the labor contract.
If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome. The termination of a labor contract by an employer is closely related to the interests of employees, and a trade union is an organization that safeguards the legitimate rights and interests of employees.
If the employer informs the labor union of the reasons for unilaterally terminating the labor contract in advance, the labor union will be able to discover and stop the illegal termination or infringement of the rights and interests of the employees in a timely manner. (3) Issue a certificate of dissolution or termination of the labor contract at the time of dissolution, and go through the procedures for the transfer of files and social insurance relations for the employee within 15 days. (4) If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of the law, it shall be paid when the employee completes the work and hands it over.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least 2 years for future reference.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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If you take a closer look at the provisions of Chapter 4 of the Labor Contract Law, you will understand.
When an employee proposes to terminate an employment contract, there is generally no economic compensation; If the employer falls under the circumstances specified in Article 38 of the Labor Contract Law, the employee may receive economic compensation in accordance with Article 46.
If the employer proposes to terminate the labor contract, there are three circumstances: the employer may terminate the labor contract without paying economic compensation if the employee has any of the circumstances specified in Article 39 of the Labor Contract Law; Second, the employer shall pay economic compensation to the employee before terminating the labor contract in accordance with the law; Third, the employer illegally terminates the labor contract and pays compensation to the employee.
It is normal to terminate the labor contract and change jobs and units, and it should have no impact on your future development. Huifu.
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Article 22 of the Labor Contract Law stipulates that if an employer provides an employee with special training expenses and professional and technical training, it may enter into an agreement with the employee 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.
According to the above provisions, the settling-in fee shall be returned, and the training fee of 17,000 yuan shall be divided equally according to the five-year service period, and then bear the liability for breach of contract for the unfulfilled part.
If it helps.
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1. Compensation should be made.
2. The settling-in fee is based on the actual number of years, and the actual proportion of your actual compensation is slightly higher, after all, it is your unilateral termination.
3. The training fee is calculated according to the actual accounting at that time, and the compensation will be generated in proportion to the time you have worked for the unit.
4. If you don't have social security in the front, you can file a lawsuit.
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