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There are three situations: 1. If the employer violates Article 38 of the Labor Contract Law, you can leave immediately after you resign, and the employer does not go through the resignation procedures and does not issue a resignation certificate for you, you can apply for labor arbitration to protect your rights;
2. If the employer does not violate the law, but you submit a written resignation application 30 days in advance, and the employer does not handle the resignation procedures for you and does not issue a resignation certificate for you after 30 days, you can also apply for labor arbitration to protect your rights;
3. If you do not submit your resignation 30 days in advance, and the employer does not violate the law, you will directly submit a resignation letter and leave, at this time, you will be in violation of the law, and you will have to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you. After paying the losses of the corresponding employer, you can ask the employer to go through the resignation procedures for you, and if the employer does not cooperate, you can apply for arbitration to protect your rights!
Article 38 An employee may terminate a 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.
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.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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From a legal point of view, you can leave your job with one month's notice, and if there is an agreement in the contract or the company verbally says that it will deduct liquidated damages from you, it is illegal and invalid.
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Submit a resignation report to your current boss. If the boss deducts your salary, you can directly apply to the court for a payment order, and after the court issues a payment order, the boss thinks it is true and must pay it; If the boss thinks he is uncomfortable and disagrees, he can sue him.
They can also apply to the labor arbitration commission established within the labor bureau for arbitration, claiming back wages and at the same time claiming compensation of 50%-100%.
Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
For other questions related to employment contracts, you can refer to the Employment Contract Law on your own.
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Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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.
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Submit the resignation report 30 days in advance, and you can leave at that time.
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Hello! The questions you ask should be said separately! First, on the issue of labor contracts, ordinary units rarely take contracts to the labor bureau for the record.
If you take it immediately, the Labor Bureau will just save a copy, and there will be fewer queries on the Internet. As long as the labor contract is signed, it will be protected by law, even if there are unreasonable terms in the contract, as long as they conflict with the labor contract law, the contract terms are invalid.
The second is the issue of insurance, insurance payment is a mandatory clause of the state, and it is not subject to the refusal of units or individuals to find reasons. The so-called subsidy given by the unit is absolutely illegal.
The third is the issue of resignation, as long as you inform the unit in writing 30 days in advance, regardless of whether the unit agrees or not, you can leave after 30 days.
Based on your problems, you may consider seeking advice from a local lawyer and requesting compensation from your employer.
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Hello, according to your description, the answer is as follows:
You and this supervision company have established a labor relationship and signed a labor contract, and the labor relationship between you is protected by law, and your legitimate rights and interests are protected by law.
It is illegal for the company not to pay social insurance for you, and you can file a complaint with your local social security office. If the company does not pay the wages in full, you can also file a complaint with the Labor Bureau or apply for labor arbitration.
Labor contracts are generally not filed with the Labor Bureau.
If you do not have an employment contract, there are other ways to prove the employment relationship between you and the company.
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There is an employment relationship that is protected by law. The labor bureau will not have a record, and the labor contract of a general company will not go to the labor bureau for the record.
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Illegal. If you need help, welcome to call for free consultation and appointment, and I will provide you with high-quality and efficient lawyer services.
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