The contract has not expired, I did not resign 30 days in advance, what are the consequences of resi

The Labor Contract Law stipulates that an employee may terminate the contract by giving 30 days' notice to the employer without paying liquidated damages. However, unless the unit provides you with training and agrees on the service period and the confidentiality clause in the labor contract.

After the employee resigns in accordance with the law, the employer must go through the formalities for the transfer of the employee's file and social insurance money within 15 days, otherwise the employee can apply for arbitration in accordance with the law.

If the employer is not notified 30 days in advance to terminate the contract, and leaves the post without permission, the employer shall be liable for compensation for the losses caused.

Basis: Labor Contract Law of the People's Republic of China.

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 25 Except as provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear liquidated damages.

Article 36 The employer and the worker 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.

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.

The unit will definitely handle the social insurance-related procedures for you, but if you don't pay liquidated damages, I'm afraid they will find a way to achieve their goals, for example, they may not handle the transfer for you, they will stop your relevant insurance, and then the procedures will not be given to you, that is, the relevant documents will not be given to you, then you will not be able to handle the continuation until you pay the liquidated damages, of course, this is just my assumption, the general unit will have countermeasures, it depends on the specific situation of your unit.

It shall be executed in accordance with the liquidated damages clause stipulated at the time of signing the contract at that time.

Even if you leave directly, the original unit has no right not to transfer three gold to you.

A good way to do this is to write a letter of resignation with a month's notice.

If you go directly, the original unit is also very troublesome, and there are many procedures to go through, so it is better for you to write a resignation letter now and discuss it with the unit, so as to get the best of both worlds.

Don't go to work and let them fire you.

It's best not to do anything illegal, or bad luck won't be saved.

Consider the problem thoughtfully, look at the gains and losses on both sides, it is best to discuss, and the company will release people in general

According to the contract, it depends on how you signed the contract at that time.

Why don't you stay another month?

Legal analysis: 30 days in advance is not required to resign without signing a contract. Probationary workers only need to give 3 days' verbal notice to resign.

If it is not a probationary period, it is only necessary to resign in writing 30 days in advance. Because the unit has not signed a contract with the parties, it is a serious violation of the law and can leave the company at any time.

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

Article 37 A worker may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract if he or she notifies the employer of the draft three days in advance.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the 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 of repentance provided for in the first paragraph of Article 26 of this Law;

6) Other circumstances under 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.

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) 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 pursued for criminal responsibility in accordance with law.