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In accordance with the Labor Contract Law of the People's Republic of China
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.
If the unit doesn't let you go, it's nothing more than a threat to refuse to pay wages.
Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
Article 28 Where a labor contract is confirmed to be invalid and the worker has already paid the labor, the employer shall pay the labor remuneration to the worker. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the same unit.
Therefore, if you have paid for your labor, the employer will not be harsh on your wages for any reason, even if the contract has not been signed or the contract is invalid.
If the employer resolutely refuses to pay your wages, you can collect evidence and report it to the labor and social security supervision agency. They may also apply to the Arbitration Commission for arbitration or court litigation.
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When you join the company, do you have a statement that it is a summer job or a short-term job? Do you have a contract or agreement with the company?! If there is, you have to follow the above terms, if not, it stands to reason that you only need to ask the company's personnel department 7 days in advance to resign.
It is recommended that you take a look at the recent clause of the labor law to leave the company, so that when the company insists on not letting people go, you can use the law to reason with them (usually using such a trick, they will release people), and if it doesn't work, go to the labor bureau to complain.
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According to the requirements of the agreement, as long as you follow the terms and procedures of the agreement, there will be no one who will not be allowed to leave, and I have not heard of someone who will not be allowed to leave, and no one can stop you if you leave
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If the company wants to make things difficult for you, you should file a complaint with the local labor inspection brigade and protect your interests by legal means.
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Legal Analysis: After the employee submits in writing to terminate the labor relationship, he or she can leave immediately without the approval of the employer, and can ask for 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.
Legal basis: Labor Contract Law of the People's Republic of China Article 37 An employee may terminate a labor contract by notifying the employer in writing 30 days in advance, and a worker may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Legal analysis: When an employee resigns after less than one month of work, the employer does not pay the employee's wages, which is an act of infringing on the interests of the employee, and the employee can protect his rights by complaining to the labor department or applying for labor arbitration.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations.
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts.
3) Disputes arising from removal, dismissal, resignation, or resignation.
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection.
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.
6) Other labor disputes as stipulated by laws and regulations.
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation, and if they are unwilling to mediate, or if the mediation fails, or if they fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration, and if they are dissatisfied with the arbitration award, they may file a lawsuit with the people's court except as otherwise provided in this Law.
Article 9 Where an employer violates the provisions of the State by defaulting on or failing to pay labor remuneration in full, or by defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.
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Legal analysis: There is never a thing that cannot resign, even if it is a regular employee, it is necessary to resign a month in advance, and temporary workers can leave three days in advance, and they can leave when the time comes.
Legal basis: Article 17 of the Labor Law of the People's Republic of China The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The labor contract shall be legally binding immediately and shall be binding in accordance with the law, and the parties must perform the obligations stipulated in the labor contract.
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Legal analysis: Labor disputes for summer workers are relatively difficult to solve at present, but if the worker has evidence, it can be reported to the labor bureau to resolve and apply for compensation. 1. The employee can send a letter of resignation to the employer by courier, keep the details of the express delivery and make a copy of the letter of resignation, and after the resignation expires, the employer shall be required to pay his salary and go through the resignation procedures for him.
Legal basis: Labor Law of the People's Republic of China
Article 1 This Law is enacted in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, to adjust labor relations, to establish and maintain a labor system adapted to the socialist market economy, and to promote economic development and social progress.
Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to workers who have formed labor relations with them.
State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.
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If the employer gives the employee a holiday and does not arrange for the employee to go to work, then the employer needs to pay the employee's salary, which shall not be lower than the local minimum wage level. If the employer fails to pay the employee's wages in a timely manner, the employee can apply for labor arbitration to defend his rights.
In accordance with the "Interim Regulations on the Payment of Wages".
Article 12 If a unit suspends work or production within one wage payment cycle due to reasons not attributable to the laborer, the employer shall pay the laborer's wages according to the standard stipulated in the labor contract in the previous life. If the wage payment cycle exceeds one period, if the worker provides normal labor, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If a worker fails to provide normal labor, it should be handled in accordance with the relevant state regulations.
Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation:
1) Withholding or unjustifiably defaulting on the wages of laborers;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage standard.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant state regulations.
Article 19 In the event of a labor dispute between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with the law. Those who are dissatisfied with the arbitral award may file a lawsuit with the people's court.
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