Pls question about employee onboarding, resignation, contract renewal.

1。It is sufficient to sign an employment contract, and the employment contract is formulated according to the labor law, and each company has a standard labor contract. In terms of probationary period, if the contract period is one year, it shall not exceed 60 days, and if the contract period is 1 2 years, the probationary period shall not exceed 60 days.

2。Employees need to notify the company 30 days in advance, apply for a notice of resignation, and pay wages and bonuses until the day of resignation.

3。It is the same as the first one.

There are two situations of resignation, the first is the resignation of the employee, which has been explained in the second point, and the second is that the company lays off employees or the contract expires, and the company does not renew it. In this case, the company needs to compensate the employee according to the length of service, and compensate one month's salary according to one year's length of service, such as half a month's salary for the part of the employee within half a year.

If the contract expires and the employee does not renew it, he or she will be directly notified to go through the resignation and handover procedures, and he can not use it after completing the procedures.

The written notice can be written like this: because you do not agree to renew the labor contract with the company, you are hereby notified to go through the resignation procedures with xx on the xth day of x.

To renew the contract, if the version of the company's employment contract has not been updated, then after consultation with the employee, after the original employment contract, it is sufficient to attach an annex to the renewed employment contract.

For new employees, you go directly to the office and give him two labor contracts, ask him to sign them, and then give him one after stamping the company's official seal. Hehe.

This has already involved the design of the company's specific internal operating procedures. Talk to me.

1. Both parties are optimistic about the signing of the contract, and the probationary period should be noted, anyway, according to the labor contract law, the contract is less than 1 year, and there is only a 1-month probationary period, and the contract is generally signed for 1 year to 3 years, and the probationary period is 2 months, and the probation period is 6 months for three years or more.

The probationary period is calculated from the date of employment. When the contract is signed, it should not exceed 1 month from the start time of employment.

2. The employee proposes that the employer agrees to terminate the contract. The reason for the termination of the labor contract shall be clearly stated on the certificate, and the employee shall propose it and the employer shall agree. After the interruption, immediately report the social security reduction, and report to the social security before the 20th, otherwise the unit will have to bear social security for 1 month next month.

All wages and bonuses are calculated on a daily basis until the day of the employee's resignation, and the day is calculated.

If the employer has to give 30 days' notice to the employee, of course, it is also possible. However, during this time, the work of employees should be arranged, and employees should not be notified of not going to work to avoid disputes. If the employee asks to leave, it should be made clear that it is not allowed and a warning should be given.

3. Renew the contract, no longer stipulate the probation period, and the others are the same as new employees.

When I renewed the employment contract for the third time, I did not have to sign an indefinite-term employment contract unless I repented and continued to sign an indefinite-term contract, but the cost of terminating the indefinite-term employment contract increased for the enterprise, so I avoided it in this way. Double compensation for illegal termination of an indefinite-term labor contract is avoided.

<> as long as you write a resignation report, the employer has evidence to prove that you have submitted your resignation, and you do not have to bear the severance payment for not renewing the contract, which is simple and clear: that is, you write a resignation report, basically you go to arbitration and there is no way to win the lawsuit. The company asks you to sign the resignation form first, and then apply for the labor contract, so the company does not want to pay economic compensation, correspondingly, the employee cannot sign, and report to the labor bureau to solve the problem and apply for compensation.

You can ask the company to pay severance compensation when writing the resignation report, and you don't need to write the resignation report, otherwise, Bikuan will file a labor arbitration and ask the company to directly ask for severance for refusing to sign the labor contract! Employees who have been illegally dismissed shall be given severance compensation, which shall be paid according to the number of years of service of the employee in the unit, and one month's salary shall be paid to the employee for each full year. 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.

The maximum number of years for which severance can be paid should not exceed 12 years.

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Personally, I think you can not write this resignation report, discuss with the company's manager, and if you don't imitate it, you can prepare a recording and record the whole process, and there will be evidence of this in the future to defend your rights.

I don't think you should sign this resignation report, because once you do, then your career may be completely gone.

According to the relevant requirements, the third renewal of the contract, the unit must sign a long-term indefinite labor contract with the employee, once the long-term indefinite labor contract is signedUnder normal circumstances, the employer cannot dismiss the employee at will, and even if the employee is dismissed, it usually has to work hard to pay more compensation. If an indefinite labor contract is signed, and the employer dismisses the employee for any reason, the compensation must be doubled, that is, the cost of the necessary effort must be greatly increased. Therefore, in order to better avoid this situation, many companies usually require employees to resign first, and then sign a late contract again, or change the employee to a labor dispatch method and let the employee sign with a third-party company.

If you sign a resignation, your years of service will be measured again, and if you are dismissed, the compensation you will receive will be greatly reduced, and your personal gains and losses will undoubtedly be jeopardized. In the case of the formulation of relevant laws, regulations, rules and regulations related to work, it is not difficult to understand that it is necessary to take into account the tendency to protect employees. After the expiration of the labor contract for 2 consecutive times, the unit should sign an indefinite labor contract with the employee, let the employee write a resignation report, and then sign the labor contract again, which is usually not harmful to the employee, does not affect the payment period of personal social security, does not endanger the salary of personal social security, and does not endanger the monthly salary, but after the occurrence of special circumstances, it <>

In other words, it is not good for the unit to do "gobbling", in the short term, it seems that it is just a probability that it will be beneficial to its own future, once this kind of "gobbling" is debunked by employees, it is not good for the unit itself, and employees are likely to think, even if you are not virtuous, don't blame me for being unjust. If such a unit loses the "hearts and minds" and the cohesion of the team, can it still develop well? And after you write a resignation application to renew, the specific time is not a renewal, but it is equivalent to you leave and leave and apply for a new employee again, and establish a labor relationship again, then due to labor disputes to litigate, when calculating economic compensation, most of the previous 8 years of work is not easy to calculate.

And once you write a resignation application first, then the dominant position is in the enterprise, and then the company can immediately not renew with you, even if it is renewed with you, it is also a fixed fixed term labor contract again, and if there are new unscientific provisions in the contract, you can't refuse, if you want to continue working, you can only sign. For example, if the employer violates the regulations and cancels the company, the unit goes bankrupt and closes down, the calculation of the employee's economic compensation or compensation will endanger the rights and interests of the employee due to the reduction of the working years. If you raise a question, the company can not renew your contract at the same time, because the direct evidence is that you have left the company, so you are very passive.

Because the unit has to sign a long-term indefinite labor contract with the employee before and after the third renewal of the union, it is impossible to dismiss the employee casually, and if the employee is dismissed, he needs to compensate more money. Writing a resignation report before the cover is removed to avoid this situation.

In order to avoid signing an indefinite labor contract with the employee, the company asks you to sign the resignation report, and it is not cost-effective for the company to sign a labor contract with no fixed term.

I think this company is sure that Gentoma is keeping an eye on the back. In case he wants to dismiss you in the future. You can take out this resignation report, and then hail will force you. So don't sign it.

When an employer hires a worker, it will sign an employment contract with the worker. Generally speaking, the term of the employment contract is one year or three years, what happens if the employment contract is not renewed after expiration? I think there are the following main aspects.

First of all, when the employment contract expires, the employer will ask the human resources department to continue to sign a new employment contract with the employee. If the employee does not intend to continue working for the company, he or she should inform the employer in advance. Secondly, if the employment contract is not renewed after expiration, the direct resignation will have a certain impact on the employee himself, and without the signing of the employment contract, the company may not pay wages on this ground.

Finally, there are certain procedures and procedures for each company to leave the company, regular employees need to inform the employer one month in advance, and probationary employees need to inform the employer three days in advance, and do a good job handover.

1. If the employee does not plan to renew the contract with the company, then he or she can go through the resignation procedures before the expiration of the labor contract.

When the employment contract expires, the employer will ask the human resources department to continue to sign a new employment contract with the employee. If the employee does not intend to continue working for the company, he or she should inform the employer in advance.

2. Labor is the proof of protecting the legitimate rights and interests of employees, and employees must pay attention to it.

If the employment contract is not renewed after expiration, the direct resignation will have a certain impact on the employee himself, and the company may not pay wages on this ground without the signing of the employment contract.

3. The resignation needs to be notified to the company in advance, otherwise the company will dismiss the employee for violating the company's system.

There are certain procedures and procedures for each company to leave the company, and regular employees need to inform the employer one month in advance, and probationary employees need to inform the employer three days in advance, and do a good job handover.

The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the employment contract by notifying the employer three days in advance of the probationary period. However, the company does not need to issue procedures to the employee

If the employee terminates the employment contract of the retired and rehired personnel, whether the enterprise needs to pay compensation shall be implemented according to the contract.

Personnel who have been able to retire do not have the legal qualifications of employees, and those who are rehired are not in labor relations, and labor laws and regulations such as the Labor Law and the Labor Contract Law are not applicable.

According to Article 7 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (Fa Shi 2010 No. 12), the re-employment of retirees is a labor relationship, and the contract concluded is an employment contract.

Compensation that can be claimed after resignation without signing a contract: 1. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. 2. If the employer violates the regulations by not entering into an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

Double pay not more than 11 months. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

An employee's second employment agreement refers to the establishment of an employment relationship with another employer after the termination of the employment relationship between the employee and the original employer, or the re-establishment of the employment relationship with the same employer after the termination of the employment relationship with the same employer. Renewal refers to the legal act of continuing to sign the labor contract after the expiration of the labor contract and both parties have the intention to continue to maintain the labor relationship. The former is an intermittent legal act, and the latter is a continuous legal act, therefore, the second entry is not considered a renewal.

1. Is the second employment agreement of the employee an employment contract?

A simplified contract, i.e., a contract in the form of a slip of paper, a single-page employment agreement, etc., only stipulates the employee's wage standard, working hours, job position, etc., and does not fully stipulate the content of the labor contract in accordance with the requirements of the Labor Contract Law.

An employment contract is a written document that comprehensively stipulates the rights and obligations of both the employer and the employee, and the form requires a paper contract and the content requires the necessary clauses stipulated in the Labor Contract Law.

The main purpose of the Labor Contract Law is to urge both parties to abide by their respective rights and obligations, and to ensure that there is a clear legal basis in the event of a dispute, so that the relationship between the parties is in a state of legal compliance.

Therefore, for those simple contracts with single content, they essentially lack the necessary clauses that should be in the labor contract, and do not have the concept of contract in the sense of the labor contract law, so if there is only a simple contract without fully stipulating the rights and obligations of both parties, it is a situation where the labor contract has not been signed.

2. Do I need to agree on a probationary period for the second entry?

According to the provisions of the second employment, there is no need to agree on a probationary period in accordance with the provisions of the law, and the second paragraph of Article 19 of the Labor Contract Law stipulates that the same employer and the same labor state can only agree on a probationary period once.

However, as a worker and an employer, if you operate in accordance with the law on a case-by-case basis, the risk is still very high.

If the resignation time is not long, and the personal ability and the company's development are at the same level as when you leave the company, then the risk is much smaller according to the law.

However, if the resignation period is long, the individual's ability, the company's development and the general environment will change, and if the probationary period is not agreed at this time, it will be very disadvantageous to both parties.

The probationary period is not only to protect the rights and interests of workers from infringement, but also to quickly leave the position that they have found to be unsuitable for them. There is no need to wait for a month to come. From this perspective, it can be seen that the probationary period not only restricts enterprises to protect workers, but also allows workers to loosen their bonds.

It does not have the force of a formal contract. Therefore, when an employee joins the company for the second time, he or she should sign a legal contract with the employer. A simple contract such as an employment agreement lacks the necessary clauses that a formal contract should have, and it is difficult to protect Wang Zhi's own legitimate rights and interests in the event of a tort.