What should I do if the employer persuades me to resign before the contract period expires?

If the employer terminates the employment relationship with you (or dismisses or dismisses you) in three situations, which one of you should pay economic compensation or compensation but does not pay you, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests

1. If the employer terminates the labor relationship with you without any reason and does not pay any economic compensation, you are not at fault as stipulated in Article 39 of the Labor Contract Law, and it can be determined that the employer's behavior is an illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid 2 months of economic compensation for each year of work, 2n;

2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you one month's severance for each year of work. If you do not give 1 month's notice in advance, you should also pay 1 month's salary in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer terminates the labor relationship with you, it does not need to pay any economic compensation or notify you in advance; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law.

That unit will give you proper compensation.

1. Severance payment.

1) Payment CircumstancesArticle 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances:

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) Except where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, terminates the labor contract for a fixed period of time in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

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.

2) Calculation method of economic compensationArticle 47 of the Labor Contract Law: The compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. 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. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

2. CompensationArticle 48 of the Labor Contract Law: If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the employee is unable to continue to perform the labor contract, the employer shall pay compensation in accordance with Article 87 of this Law. 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 stipulated in Article 47 of this Law.

3. As to the choice between severance and compensation, Article 25 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law and pays compensation in accordance with Article 87 of the Labor Contract Law, no severance shall be paid. The calculation period of compensation shall be calculated from the date of employment.

4. Therefore, if the employer terminates the labor contract without reason, in terms of compensation alone, you can choose economic compensation or compensation, but you can only choose one of the two, because the compensation is twice the economic compensation standard, so it is recommended to choose compensation.

During the probationary period, notify the employer 3 days in advance, and notify the employer in writing 30 days in advance during the non-probationary period; However, if the employer has any of the circumstances stipulated in Article 38 of the Contract Law, the employee may resign immediately after submitting the application.

On the day of signing the contract, Mr. He should make two copies, one for each employee in the unit, and if he doesn't give it, he can go to the labor department to complain.

Be vigilant when the company asks you to fill out the resignation report, after all, this is directly related to whether you can get financial compensation, and whether you can get compensation is actually very easy to judge. If the resignation is due to "personal reasons", the resignee cannot request the employer to pay economic compensation or compensation, and even if he applies for labor arbitration to the first and second instance, there is no possibility of winning the lawsuit, unless it can be proved that the company has deceived or induced the company. Since the company was willing to hire you without a qualification certificate and the two parties signed a labor contract, it is obviously unreasonable for the company to dismiss you without a qualification certificate.

Therefore, it is recommended that you do not apply for resignation by yourself, but ask the company to issue a notice of dismissal and pay you economic compensation for terminating the employment contract.

Summary. What should I do when the employer is forced to resign before the labor contract expires?

You can seek help from the local labor inspection department or apply directly to the labor arbitration commission for arbitration.

What should I do if the contract does not expire and the unit asks to resign.

What should I do when the labor contract is forced to resign when the labor contract is not due, and Xiaoyu can seek help from the local labor inspection department, or apply directly to the labor arbitration commission for arbitration.

Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China This Law shall apply to the following labor disputes between employers and labor 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 and performance of the labor contract, modification, rescission or termination; (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 provided for by laws and regulations. Article 3 The settlement of labor disputes shall be based on the facts, follow the principles of legality, fairness, timeliness and emphasis on mediation, and protect the legitimate rights and interests of the person who is responsible for the work. Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or ask the trade union or a third party to jointly negotiate with the employer to reach a settlement agreement.