On the issue of resignation, taking the file, and paying liquidated damages additional 50 points 5

Updated on society 2024-05-06
11 answers
  1. Anonymous users2024-02-09

    If you submit your resignation letter one month in advance, you can have a file without paying liquidated damages.

    If your resignation complies with the provisions of the labor law, it will be fine, and you will not have an accident until you say goodbye. Contractual provisions that do not comply with the Labor Code have no legal effect. You can take a look at the latest sections of the Labor Law.

  2. Anonymous users2024-02-08

    That's a good question.

    First of all, it is certain that you are a member of a state institution, and this part of the personnel is still subject to the scope of adjustment of the Labor Contract Law and its judicial interpretations.

    Therefore, you can resign a month in advance and go through the formalities to leave.

    As for liquidated damages, you can read the "Labor Contract Law" carefully, there are only two situations in which you have to pay compensation, one is the restriction of the competitive industry (it is estimated that you are not the academic leader of the 211 project, so it is invalid for you), and the other is the "agreed service period", provided that the school provides special training, deduct your service period, and the rest of the expenses are paid by you to the school. Remember, this article must be satisfied is the third-party training institution (with invoice) training basis.

    Good luck!

  3. Anonymous users2024-02-07

    Resignation can be handled according to the normal procedures, most of them will not affect the future career, provided that both parties must reach an agreement, which has to work your resignation report, the reason for resignation is generally the standard for the enterprise to analyze its own reasons, so if you say it is reasonable, most government agencies, especially schools, will complete your future development and career planning. The most important thing in the resignation report is: state the main reasons for your resignation, explain your career plan, identify your future development goals, and state your position.

    Pay attention to verbal expressions, be sure to remember to be grateful and not extreme.

    Hope it gets your way!

    Dear, you have to write your resignation letter, only you know what kind of attitude you want to face your choice, even if there are too many friends to help you write, I believe it will not be completely effective, I believe that you have a general direction and you will be able to write a practical and suitable solution for yourself, come on!

  4. Anonymous users2024-02-06

    It depends on how well you have a relationship with your leader. It's still too late. Without further ado.

  5. Anonymous users2024-02-05

    Legal Analysis: There will be no records in the archives. Voluntary resignation does not have a bad record, but it does have an adverse effect.

    The specific reasons are as follows:1The new company will conduct an "entry survey", and if the employee changes jobs frequently or leaves a bad impression on the original employer, then the new company will consider whether to hire them when recruiting; 2.

    After the employee voluntarily resigns, the employer will terminate the labor contract in accordance with the rules and regulations, and the wages shall be settled on the day of termination. 3.

    After the termination of the labor contract, the original employer will go to the social security center to stop paying social insurance; Workers can pay in their own name, or they can go to the new unit to let the new unit open a new account to pay, and the new unit can also transfer the original social security account to the new account, in short, it does not affect the payment of social security by the labor trembling person;

    Legal basis: Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship terminate or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

  6. Anonymous users2024-02-04

    There will be no record in the archives. Voluntary resignation does not have a bad record, but it does have an adverse effect. The specific reasons are as follows:

    1.The new company will do an "entry survey", if the employee changes jobs frequently, or leaves a bad impression on the original unit, then the new nuclear unit will consider whether to hire when recruiting and changing the remaining employment; 2.After the employee voluntarily leaves the job, the employer will terminate the labor contract in accordance with the rules and regulations, and the salary shall be settled on the day of termination.

  7. Anonymous users2024-02-03

    Generally, there will be no records of files, and there will be no bad records for voluntary resignation, but there will be adverse effects.

    The specific reasons are as follows:

    1. The new company will do an "entry survey", if the worker changes jobs frequently, or leaves a bad impression on the original unit, then the new company will consider whether to hire when recruiting;

    2. After the employee voluntarily resigns, the employer will terminate the labor contract in accordance with the rules and regulations, and the salary shall be settled on the day of termination.

    The termination of the labor contract shall be agreed upon with the employer through consultation, and the employee shall leave directly in violation of relevant laws and regulations. Voluntary resignation is an act in which an employee forcibly terminates the labor relationship with the enterprise by resigning without authorization according to the situation of the enterprise and himself.

    If an employee voluntarily leaves the company and causes losses to the company, the company will require the employee to compensate or pay liquidated damages. Those who leave their posts without authorization shall be punished as absenteeism and may be removed from the list in accordance with relevant provisions. Therefore, if a person resigns without approval, or within one month after the expiration of the period of leave without pay, and does not request to return to work at his or her original unit and does not go through the resignation formalities, it is an act of absenteeism without reason, and the time limit for absenteeism is sufficient for removal may be handled as delisting.

    If you sign a contract and resign during the probationary period, you can generally leave after three days, and if the probationary period is over, you must notify the employer one month in advance.

    According to the relevant laws and regulations of Bizhao, the probationary period should be notified to the company three days in advance, and the work should be handed over, even if the company does not let go, the employee can also leave, and the company should also pay the salary due to the probationary period. If the company refuses to let you leave after submitting an application for resignation, you can file a complaint with the Labor Inspection Brigade or apply for labor arbitration. 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.

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

    Article 39.

    The employer may terminate the labor contract if the employee 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.

    Will the default resignation be recorded? There will be no records. Although there will be no records, it may affect your new job. Since new companies generally have an entry check, it is not recommended that employees leave their jobs voluntarily.

  8. Anonymous users2024-02-02

    There will be no record in the archives. Voluntary resignation does not have a bad record, but it does have an adverse effect. The specific reasons are as follows:

    1.If the employee changes jobs frequently or leaves a bad impression on the original employer, then the new company will consider whether to hire them when recruiting; 2.After the employee voluntarily resigns, the employer will terminate the labor contract in accordance with the rules and regulations, and the salary shall be settled on the day of termination

    When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. 3.After the termination of the labor contract, the original employer will go to the social security center to stop paying social insurance; Workers can pay in their own name, or they can go to the new unit to open a new account and pay it, and the new unit can also transfer the original social security account to the new account, in short, it will not affect the employee's social security payment.

    1. How long does it take to leave the company, and how long does it take for social security to be sealed?

    Social security is suspended in the next month after resignation, social security is paid once a month, and the original unit will generally stop paying next time after resignation.

    1. Look at the payment declaration period and payment time of the local social security institution.

    1. If you leave your job after working for two days in October, the specific date of suspension of insurance shall be subject to the date of the Notice of Dissolution and Termination of Labor Relations issued.

    2. If the release date is before October 31, the social security can be paid until the end of October (social security time), and all the social security payments will be stopped in November (social security time). If the release date is in November, the social security must be paid until the end of November (social security time), and the social security payment will be suspended in December (social security time).

    3. In the month when the general worker resigns, the employer will stop paying social security to the employee, and the social security will not affect the employee's entry into another company, and the social security transfer can be handled in the new company.

    Note: "Social security time" in some areas of the pension unemployment is paid in the current month, and medical treatment, work-related injury, and maternity are paid in the current month.

    2. Can I apply to the new employer for insurance if the labor contract is not terminated?

    If there is no proof of termination of the labor contract, if the new employer does not have insurance, it can negotiate with the original unit and issue a certificate of the contract of dismissal of Lao Hui, and if it refuses to open it, it can directly apply for labor arbitration; The Labor Contract Law stipulates that if an employer fails to provide an employee with a written certificate of dissolution or termination of the labor contract, it shall be liable for compensation if it causes damage to the employee.

    Article 9 of the Interim Provisions on Payment of Wages When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

  9. Anonymous users2024-02-01

    1.Illegal. The Company is not entitled to liquidated damages. Liquidated damages can only be collected in the event of a breach of the training service period or non-compete clause.

    2.Relevant evidence can be collected to require the company to pay overtime wages and compensation for overtime arrears.

    3.You can apply for labor arbitration and ask the company to transfer the file.

    Labor Contract Law.

    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.

  10. Anonymous users2024-01-31

    Does the employer have a special training agreement with you? You didn't go into details, let's talk about it. If you have signed a special training agreement with the employer, it is better to negotiate and deal with the special training agreement before considering resignation.

    If you do not sign a special training agreement with the employer, you resign in accordance with the law, and the employer cannot illegally seize your personnel file, and you will not have the problem of liquidated damages.

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

    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.

  11. Anonymous users2024-01-30

    is not qualified to deduct files, 1w contract stipulates that you can "find the detective" to help you.

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