The company notified me today to go through the resignation procedures, to go or not to go?

Go, it's okay, your contract is already due. But why do you need to leave your job? You can ask the company to explain the reason, and if there is no compelling reason, the company cannot call you to come and go.

You can ask the company to sign another contract with you, but pay attention to the content of the contract when you sign it again.

The Labor Contract Law will be implemented and workers need to beware of illegal acts.

In view of the imminent implementation of the Labor Contract Law, the Shanghai Municipal Labor and Social Security Department reminds some employers to beware of some illegal operations in response to some practices of some employers before the implementation of the new law.

The labor and social security department reminds employees that there is no need for employers to require employees to sign new employment contracts before the implementation of the new law. In the face of the employer's request for re-signing, the employee must read the text of the contract clearly, and the employee may refuse to accept the employer's actions that infringe on the legitimate rights and interests of the employee, such as changing the employer and reducing the salary, and protect his or her own interests through legal channels. The Labor Contract Law clearly stipulates that it is wrong for an employer to think that if it does not sign an employment contract, it can dismiss an employee at will, and even avoid the obligation to pay social insurance premiums.

Failure to sign a contract will result in severe legal penalties. According to the provisions of the Labor Contract Law, if an employer dissolves or terminates a labor contract in violation of the provisions and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract.

Dongshi News reported.

Go find out the situation and don't go through any formalities.

Since October 07, the employment relationship between you and the employer continues to exist, and the employer can only terminate the employment relationship with you based on the following reasons.

Article 25 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

4) Those who have been pursued for criminal responsibility in accordance with law.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

If the contract expires, you will definitely go.

This is a legal dismissal.

Should go, not deliberately lay off people.

Because you're only two years.

It is best to find labor arbitration to solve the problem.

The de facto labor relationship is certain.

Go, take the guys, and if you can't talk about it, you will split people.

You can take a look at it to see what the cause is, and analyze the specific problems in detail. This kind of incident is very variable, and it is not good to say that you don't look at things.

Legal analysis: If the company asks the employee to go through the resignation procedures, and the employee does not sign the resignation and does not go through the resignation procedures in accordance with the law, if the employee does not take the leave, the employer may terminate the labor relationship with the employee in accordance with the relevant regulations.

Legal basis: Labor Contract Law of the People's Republic of China

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) Due to Article 26 of this Law.

The labor contract is invalid due to the circumstances specified in Item 1 of the first paragraph;

6) Those who have been pursued for criminal responsibility in accordance with law. Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employer may terminate the labor contract by notifying the employer three days in advance.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law. Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with the law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

This depends on the specific situation, to see whether the labor contract has been signed, and after signing the contract, the contract law must be fulfilled, and before the contract is terminated, the employer has the right to pursue the legal responsibility of the parties.

Automatically leave the company after signing the contract.

If the employee fails to resign during the probationary period, the employer has the right to require the employee to bear the liability for compensation if the loss is caused to the employer. In practice, if the employee does not go through the resignation procedures, the employer may withhold the employee's unpaid wages. In accordance with the Labor Contract Law.

During the probationary period, the employee needs to give three days' notice to the employer to terminate the employment contract.

Labor Law of the People's Republic of China.

Article 31 stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract", which clearly gives the employee the right to resign, and this right is absolute, and the employee does not need any substantive conditions to unilaterally terminate the labor contract, but only needs to fulfill the obligation of advance notice.

The General Office of the former Ministry of Labor also pointed out in the Reply to Issues Concerning the Termination of Labor Contracts by Employees: "The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract. The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer.

If the employee submits to the employer for the termination of the labor contract after 30 days, the employer shall handle the formalities. ”

On the one hand, the Labor Law gives employees the absolute right to resign, and on the other hand, it gives employers certain rights to claim compensation for losses.

Article 102 of the Labor Law stipulates that "if an employee terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters agreed in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law". Article 4 of the Measures for Compensation for Violation of Relevant Provisions on Labor Contracts clearly stipulates the scope of compensation: "If an employee terminates a labor contract in violation of the provisions or the provisions of the labor contract, causing losses to the employer, the employee shall compensate the employer for the following losses:

1. The employer recruits and employs the fees paid by the employer;

2. If the employer pays for the training fee for it, the two parties shall make another agreement to fight Zheng Ding according to the agreement;

3. Direct economic losses caused to production, operation and work.

4. Other compensation expenses agreed in the labor contract. ”

After an employee voluntarily proposes to terminate the labor contract with the employer, some employees voluntarily leave the company after 30 days of written notice to the employer, ignoring the employer's claim for compensation, and the employer may not handle the personnel relationship and file transfer procedures for the employee.

If the employee's personnel relations and files remain in the original employer for a long time after leaving the company, the employee will not be able to go through the normal recruitment procedures in the new employer, and will not be able to obtain personal materials including files, and will not be able to pay labor insurance.

Legal analysis: If not, you should leave the job first. Negotiate with the company to resign early. It is not necessary to give 30 days' notice to the employer to resign.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 Unilateral termination of labor contract by an employee An employee may terminate a labor contract under any of the following circumstances: (1) the employee fails to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in 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.