Labor disputes arising from leaving the company one week early when the contract expires are urgent!

Once you submit a written resignation, it will take effect as soon as the company approves it. You can leave your job without having to wait 30 days

Only if the company does not approve it, you must wait 30 days before leaving.

1. If you want to continue to work in the company when the contract expires, you don't have to leave the company, just go to work normally every day, if the company doesn't want you, it will provide a month to inform you, if the company wants you to sign the contract again, I don't know why you want to leave before the contract expires, if you really want to leave the job and when the contract expires, it has nothing to do with it, unless it involves some training costs and other issues.

2. Your normal operation should be to submit the resignation process on February 6, and the resignation date should be written on March 5, regardless of the term of the contract, the actual resignation date is subject to the date approved by the company. If the company approves the resignation on February 12, then it means that your process is legal and there is no problem of not having a month in advance, provided that the evidence of the early application for resignation (such as the original or copy of the resignation application) is kept

3. Even if he did not apply for resignation a month in advance, causing losses to the company, the cost of compensation was not casually said by the company, and he said that 50,000 yuan could be explained by providing relevant data. You must know that no job can be done by you alone, and if you are going to lose money, both your upline and downline will definitely be responsible.

4. The company's long working hours and overtime have always been a dispute problem in many factories, and the main difficulty to prove is the time of attendance, which is generally punched in or signed by the individual, and the second is to prove that the long time is personal will or arranged by the company. Unless you have clear evidence, this situation is hardly convincing, and the best thing to do is to ask some of the departing employees to come to the company to claim overtime pay, escalating the issue into a collective issue, and the impact will be different, and the arbitration will change from being biased towards the enterprise to neutral or biased towards the employee.

So if you want to win in terms of overtime, it's a little difficult, and the company is looking for you to lose money, and it's also difficult if there is objective evidence.

The Labor Contract Law stipulates that employees should notify the company 30 days in advance of their resignation, and you only have one week in advance.

But the company asked you to pay 50,000 yuan in compensation, and you didn't make it clear what the basis for this.

If your contract stipulates that you need to compensate the company for the loss of 50,000 yuan if you do not notify the company 30 days in advance to terminate the labor contract, then you have no chance of winning. On the contrary, if there is no explicit agreement, you only need to compensate the company for your total salary for the previous month minus 4 days' daily salary (gross salary).

The company asked you to pay 50,000 yuan in compensation, but you didn't make it clear what the basis for this.

Legal Analysis: After the expiration of the labor contract, the employee can leave directly if he does not want to renew the labor contract. As long as there is no provision in the contract that the employee needs to notify the employer in advance, the employee has no obligation to notify the employer 30 days in advance.

As long as you go through the resignation procedures, you can do it.

Legal basis: Labor Contract Law of the People's Republic of China Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time. The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation.

Under any of the following circumstances, if the worker proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract: (1) the employee has worked for the employer for 10 consecutive years; (2) When the employer implements the labor contract system for the first time or reconcludes a labor contract after the restructuring of a state-owned enterprise, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; (3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. 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.

At most, I will entrust it for another month, and let the family go by settling the bill!

Settle your salary when it's due and let him go.

First of all, it is necessary to analyze the reasons for resignation listed in the employee's written resignation application.

According to the law, if the contract expires and the employee resigns, the labor contract is terminated, and the company shall settle the salary, pay economic compensation, and assist the employee in completing the resignation procedures unless there are special circumstances;

If the employee requests to terminate the contract on the grounds that the company has violated the law, the company should pay attention to prevent the employee from claiming compensation from the company;

If the employee commits a serious violation during the working period, the company can request the termination of the contract in advance and not pay severance compensation.

It is recommended that the landlord go to the labor inspection brigade to complain about the unit's unauthorized seizure of employees' wages, and the company's behavior clearly violates Article 84 of the Labor Contract Law, and it is recommended that the landlord resign in accordance with Article 38 of this Law on this ground. You may also claim the payment of your severance under Article 46 of this Act; It's going to happen faster.

According to the Labor Contract Law, your friend only needs one month's notice to resign. Company approval is not required.

It is illegal to resign in writing one month in advance, refuse the resignation of the employee without any reason, collect a deposit, and deduct wages.

1. The resignation application should be submitted 1 month before the resignation, and the general enterprise has a fixed **, which needs to be signed and agreed by the department leader, the human resources department and the general manager and other management personnel to handle the work handover;

2. The liquidated metal is generally stipulated in the labor contract, and if not, it shall be paid according to the one-month salary of the employee;

3. Work handover is an important part of resignation, especially for technical personnel and marketing personnel, if such personnel resign, the relevant information is not handed over, which will bring great losses to the company. It is recommended that your friend go back to the company to handle the resignation, especially the transfer of work, maybe only I can explain it clearly.

1. It is best to mail it by EMS and other couriers to facilitate the preservation of evidence; The electronic calculation is just not easy to prove.

2. Illegal;

3. Mail the resignation report, and you can leave directly after 30 days.

1. Count in writing. 2. The provisions of the labor contract are illegal. 3. If there is no other dispute between the two parties, you can leave the company.

There is no financial compensation for this. Severance compensation can only be obtained in the following cases under the Employment Contract Law:

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

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.

You can claim compensation for one month's wages for one year of service since 2008.

According to the contract, the contract stipulates that there is.

According to the Labor Contract Law, if the contract period is not expired, the employee cannot claim severance if he resigns.

Lawyer Liu Junhai.

If not, it will be available half a year in advance.

According to the relevant laws, if you have not passed the probationary period, you can resign three days in advance; If you have already become a regular, you can resign 30 days in advance. You are not legally liable.

Article 37 of the Labor Contract Law The employee may terminate the 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.