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The employee can resign, and after resignation, he or she can establish an employment contract with a new employer.
There are three situations in which an individual proposes to resign:
1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.
2. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require the approval of the employer to resign. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.
3. If the employee does not resign 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, the employee will resign and leave, which means that the employee violates the law, and the employer may be required to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.
Labor Contract Law
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 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 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 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) Terminating a 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.
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Yes, 3 days' notice during the probationary period, and 30 days' notice of your employer after the expiration of the probationary period.
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OK. The contract is the result of negotiation between the two parties, and it is still the agreement between the two parties to leave. You can choose to leave.
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Yes, it is no problem to tell the company up to 1 month in advance. Some are half a month in advance, and some can leave at any time, depending on your company's regulations.
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1. After working in the employer for six years, the contract expires, and the employer does not renew the contract, the employee can request the employer to pay economic compensation; 2. Legal basis: 1) Paragraph 1 of Article 44 of the Labor Contract Law (2012 Amendment) [Termination of Labor Contract] The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; 2) Article 46 of the Labor Contract Law (2012 Amendment) [Economic Compensation] The employer shall pay economic compensation to the employee under any of the following circumstances:
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; 3) Article 47 of the Labor Contract Law (2012 Amendment) [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. 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. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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Yes, it still needs to be renewed. Doing so is a very reliable guarantee for both sides. So you have to sign a contract.
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Yes, so that your rights are guaranteed and that you have a contract that you will be protected by law.
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If the contract expires, you must continue to renew it, so that you can ensure your rights and interests.
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Need. As long as we work in one place, we must sign a contract, and the contract is the only way we can guarantee ourselves.
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Of course, it is necessary to take the initiative to renew the contract with the unit, and then you can continue to work, so that there will be security.
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The contract needs to be signed again, after all, the contract expires and still needs to be renewed, so that there can be a labor relationship.
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If you still want to stay in the unit, you can continue to sign the contract, which is okay, and you can also ensure that you work and protect yourself.
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Yes, if the company is still willing to accept you, you can renew the contract with the company. It must be discussed with the company.
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Need. Signing a contract allows you to protect your own interests.
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I definitely want to stay in the original unit, or I need to sign another contract, so that we have a guarantee.
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What should I do if the company transfers me to work elsewhere before the contract expires and I don't want to go?
1. The company has no right to change the position and treatment of the employee without authorization, so the employee can not agree, and if the company continues to change, the employee can file an arbitration to demand the performance of the original labor contract. 2. The employee may take the initiative to resign on the grounds of changing the working conditions provided by the company, and the company needs to pay compensation to the employee: Article 32 of the Labor Contract Law "Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time
3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract. Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that "if an employer compels an employee to terminate a labor contract under any of the following circumstances, the employer shall pay the employee's labor remuneration and economic compensation, and may also pay compensation".
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According to Article 35 of the Labor Contract Law, the change of job position shall be agreed upon with the employee and the modification of the labor contract shall be signed, if no agreement can be reached, you can refuse to get a new position, and the original employment contract can be maintained, and only if the employer is unwilling to maintain the original contract and requests the termination of the labor contract, you can receive compensation or compensation.
If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time without receiving a formal written notice (with the official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily.
There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer violates the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.
Pay attention to keep the written notice and handover list of the company's request for you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages when the labor contract (or labor relationship) is terminated, please refer to Article 9 of the Interim Provisions on Payment of Wages, and the time of payment of severance is detailed in Article 50 of the Labor Contract Law.
If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.
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Before the contract expires, the company transfers you to work elsewhere in the company. If you don't want to go, you should give a reason why you don't want to go. If the reason is sufficient. There will be some effect. Name the pros and cons of not wanting to go.
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The agreement signed with the company has not expired, and I don't want to work in the newly arranged place. If you don't plan to do it, you can consider refusing to go to a new position.
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I think you should talk to your leader. Mature your difficulties or reasons. See if the company has other options. If not, then you have no choice but to go.
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Answer: Hello, the employee contract expires, then in the case of not renewing the labor contract, it is the termination of the labor contract, the employee needs to directly notify the unit not to renew the contract, the unit needs to go through the resignation procedures for the employee, and handle the social security transfer work within 15 days, and issue a certificate of termination of labor relationship to the employee. Employees do not need to go through the resignation procedures with the social security center, and the unit can handle it.
In accordance with the Labor Contract Law
Article 44 The labor contract shall be terminated under any of the following circumstances:
1) The term of the labor contract has expired;
2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;
3) The worker dies, or is declared dead or missing by the people's court;
4) The employer has been declared bankrupt in accordance with law;
5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;
6) Other circumstances provided for by laws and administrative regulations.
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.
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1. If the employer and the employee reach an agreement through negotiation, the labor contract can be changed in writing, and the new labor contract signed is valid;
2. If the employer and the employee do not agree on negotiation, the employee may refuse to sign a new labor contract, and the employer shall pay severance if the labor relationship is terminated.
3. Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts (hereinafter referred to as the "Compensation Measures") of the former Ministry of Labor. After January 1, 2008, this provision has been superseded by Article 85 of the Labor Contract Law of the People's Republic of China. According to the provisions of the Labor Contract Law:
If the employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employee to pay the remuneration within a specified period of time, and if the employer fails to pay the remuneration within the time limit, it shall order the employer to pay the employee additional compensation at the rate of 50% to 100% of the amount payable for rent and quarrel. Since the subject of implementation of this clause is the labor administrative department, the content involved in this clause does not fall within the scope of labor dispute settlement and cannot be used as the basis for adjudication of labor disputes.
In accordance with the Labor Code
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