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1. There are three situations in which an individual proposes to resign:
1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can request 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.
2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.
3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.
2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.
Labor Contract Law!
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It doesn't have much to do with you, isn't there still a unit and insurance, and Ka wants to resign.
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Legal Analysis: It is possible to resign. After the termination of the employment relationship, you can ask for a one-time medical subsidy and a one-time employment subsidy.
If you don't need to resign before you get the notice of labor ability appraisal conclusion, you don't want to go to work, and you can't go to work. If you have obtained the work-related injury certificate and the labor ability appraisal banquet consultation notice, you can ask the company to pay the work-related injury benefits, and then resign is more convenient.
Legal basis: "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.
If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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Yes, work-related injuries do not affect resignation.
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You can look it up in the Civil Code.
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Summary. Hello dear, it's an honor to answer for you; You can resign without affecting your application for work-related injury benefits. However, there is no need to resign before getting the notice of labor ability appraisal conclusion, and if you don't want to go to work, it's okay not to go; After obtaining the work-related injury certificate and the notice of labor ability appraisal conclusion, it is easier to resign if the company is required to pay the work-related injury benefits.
Hello dear, it's an honor to answer for you; You can resign without affecting your application for work-related injury benefits. However, there is no need to resign before the notice of the appraisal conclusion of the labor ability, and it is okay not to go to work if you don't want to; After obtaining the work-related injury certificate and the notice of labor ability appraisal conclusion, it is easier to resign if the company is required to pay the work-related injury benefits.
Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, he shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance according to the level of disability, and the standard shall be: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy.
The specific standards for one-time work-related injury medical subsidy and one-time disability employment subsidy shall be stipulated by the people of Fuzhi City, which are directly under the central government. Article 64 The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly to all employees of the unit by renting a seat in a single-wheel hall. For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work.
If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.
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It is possible to resign. After the termination of the employment relationship, Huitai can apply for a one-time medical subsidy and a one-time employment subsidy.
If you don't need to resign before you get the notice of the conclusion of the labor ability appraisal, and you don't want to go to work, it's okay not to go; If you have obtained the work-related injury certificate and the notice of the conclusion of the labor ability appraisal, you can ask the company to pay the work-related injury benefits, and then resign more conveniently.
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