What happens if you resign during the probationary period without three days in advance

Updated on workplace 2024-05-15
5 answers
  1. Anonymous users2024-02-10

    There is generally no limit to a few days in advance of resignation during the probationary period. However, it would be nice to leave the company mainly according to the company's system.

  2. Anonymous users2024-02-09

    There is no pay for self-departure.

    Resignation goes through the normal process.

  3. Anonymous users2024-02-08

    Legal analysis: resignation during the probation period needs to be 3 days in advance, 3 days without advance is considered absenteeism, and 3 days of absenteeism is considered automatic resignation. However, the payroll company will deduct a part.

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

    Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the trial period shall not exceed six months.

    The same employer and the same employee can only agree on a probationary period once.

    A probationary period shall not be agreed upon in a labor contract with a term of completion of a certain work task, or a labor contract with a term of less than three months.

    The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

    Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

    Article 21 During the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

  4. Anonymous users2024-02-07

    The probationary period was not three days in advance, and the resignation was envious and the salary was high. According to the law, workers have the right to receive remuneration for their labor in accordance with the law. The employee's salary shall be calculated based on the number of days of on-time and actual attendance, as well as the employment contract signed by both parties.

    Article 37 of the Labor Contract Law provides that an employee 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.

  5. Anonymous users2024-02-06

    We all know that during the probationary period, as long as the employee notifies the employer three days in advance, the employee can terminate the employment contract with the employer, and the employer should pay the employee's wages in a lump sum when terminating the employment contract. 1. What will happen if the resignation during the probationary period is not three days in advance, and the resignation during the probationary period needs to be 3 days in advance, and the absence of 3 days is considered absenteeism, and the absence of 3 days is considered automatic resignation. However, the payroll company will deduct a part.

    2. Can an employer dismiss an employee during the probationary periodOnly under the following 8 circumstances can an employer dismiss an employee during the probationary period: 1. It is proved that the employee does not meet the employment requirements during the probationary period; 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, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; 5. The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; 6. Those who have been investigated for criminal responsibility in accordance with the law. 7. The worker is sick or injured not due to work, and cannot engage in the original job or work arranged by the employer after the prescribed medical treatment period expires; 8. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment.

    3. How does the law stipulate the probationary period: 1. A fixed-term labor contract can only be agreed upon if it is more than three months; 2. If the term of the labor contract is less than 6 months (half a year), the probation period shall not exceed 15 days; 3. If the term of the labor contract is from 6 months to one year, the probationary period shall not exceed 30 days; 4. If the term of the labor contract is between one year and three years, the probationary period shall not exceed 60 days; 5. If the term of the labor contract is more than three years, the probation period shall not exceed six months; 6. The probationary period for newly hired civil servants is one year7. If the labor contract is for the completion of a certain work task or the labor contract is less than three months, the probationary period shall not be agreed. 8. The same employer and the same employee can only agree on a probationary period once. Even if you change positions, you cannot reschedule the probationary period.

    There is no provision in the law whether there is a probationary period for those who resign and then re-enter the company. 9. If the labor contract only stipulates that the probationary period is lost or the term of the labor contract is the same as the probationary period, the probationary period shall not be established, and the term shall be the term of the labor contract. Resignation during the probationary period needs to be 3 days in advance, 3 days without advance is considered absenteeism, and 3 days of absenteeism is considered automatic resignation.

    However, the payroll company will deduct a part. The salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and the salary during the probationary period shall not be lower than the minimum wage standard of the place where the employer is located.

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