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Of course, the labor contract is terminated.
As long as the performance is not continued due to the reasons of the parties, the contract will be terminated.
However, the unit stipulates that you are not allowed to work in the same industry within two years is a "non-competition", depending on whether the company has signed a confidentiality contract with you.
If you sign it, you should be paid a confidentiality fee, and you will have to return the confidentiality fee to the original company when you go to work in the same industry. If you are not paid, you can go to work in the same industry.
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Unilateral termination of the contract is definitely considered as termination of the contract. Whether liquidated damages are to be paid in accordance with the contract. It depends on whether the original company pays the non-compete compensation and whether the economic compensation paid is reasonable.
If there is no payment or the payment is unreasonable, the original contract may not be complied with. For specific issues, you can consult a lawyer in person for analysis.
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In the case of unilateral resignation, the labor contract may be terminated if the employer is notified in writing 30 days in advance. However, in general, the termination of an employment contract can only be achieved by mutual agreement.
Article 36 The employer and the employee 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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Forget it, of course. Unilateral contact with the contract, even if the parties are in breach of contract. Liquidated damages are to be paid. If the person at that time applies to the employer 30 days in advance, and the employer agrees, the two parties can negotiate and contact the contract.
No way. Come on!
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I'd like to make a comment.
1.Your unilateral resignation is also a termination of the employment contract.
2.A non-compete clause between you and the original company. Does the company give you financial compensation (the original company should give you financial compensation every month during the non-compete period after you leave)?If not, the company breached the contract first, and you are not liable.
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As long as the performance is not continued due to the reasons of the parties, the contract will be terminated.
Liquidated damages shall be paid.
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Unilateral resignation is certainly also considered to be the termination of the employment contract.
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Forget it, of course. You're going to have to quit your job normally. Otherwise, you will not be able to get a refund from social security. Good luck.
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1. Resignation is obviously also a way to terminate the labor contract, which is described in the relevant chapters of the Labor Law and the Labor Contract Law.
2. According to the "non-competition" clause agreed between the unit and the parties, the parties shall be deemed to be in breach of contract if they enter another company in the same industry to engage in the same work immediately after resigning, and shall pay liquidated damages.
3. Since the liquidated damages agreement was before the promulgation of the new law "Labor Contract Law", and the applicable breach of contract is "non-competition", which does not violate the provisions of the new law in legal theory, I believe that it is legal and valid.
The notice of termination of the employment contract is not considered as a resignation certificate. The resignation certificate is a written proof of the termination of the labor relationship between the employer and the employee, and is a written material that must be issued by the employer after the termination of the labor relationship between the employer and the employee. Employees should also pay attention to asking for the notice of termination or termination of the labor contract and the resignation certificate, so as to legally protect their rights and interests. >>>More
Both the employee and the employer have the right to unilaterally terminate the labor contract. >>>More
Then read the Labor Contract Law. If an employee formally submits a resignation, the company is obliged to respond within a certain period of time. So your contract says you can leave on your own if the company doesn't respond for six months. >>>More
If an individual employee voluntarily resigns, he or she must submit a written resignation application 30 days in advance, and there is no economic compensation. However, if the employer is at fault, such as failing to provide labor protection or working conditions in accordance with the labor contract, which damages the major interests of the employee, the employee may request the employer to pay economic compensation when the employee resigns.
During the performance of the labor contract, the employee may terminate the contract and resign in accordance with Articles 36, 37 and 38 of the Labor Contract Law. >>>More