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During the contract period, the employee can resign. The employer can only terminate the employee if there is a reasonable reason, otherwise it is an illegal termination and compensation needs to be paid.
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According to Article 19 of the Regulations for the Implementation of the Labor Contract Law, the employer may terminate a fixed-term labor contract, an indefinite-term labor contract or a labor contract with a term of completion of a certain work task with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law
1) The employer and the employee reach an agreement through consultation; (2) The worker is proved to be ineligible for employment during the probationary period; (3) The worker seriously violates the rules and regulations of the employer; (4) The worker is seriously derelict in his duties or commits malpractice for personal gain, causing major damage to the employer; (5) 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; (6) The worker uses fraud or coercion or takes advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions; (7) The worker is investigated for criminal responsibility in accordance with law; (8) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (9) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment; (10) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation; (11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law; (12) The employer has serious difficulties in production and operation; (13) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (14) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.
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It is possible to resign, and you need to pay 3 months' salary for dismissal. Generally, the company transfers you, so that you can't bear to resign.
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It's okay, you can resign, you can be fired, it seems that the boss fires you, you buy unemployment insurance and unemployment benefits, and we get a month's basic salary here to calculate the cumulative amount.
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1.Unreasonable, absenteeism can only deduct up to 20% of your salary, and if you work for a whole month, you must also meet the local minimum wage.
2.Work clothes should not be buckled for you, you can do without clothes, and you want your salary back.
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Both parties can negotiate and agree.
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Legal analysis: There is generally no need to dismiss an employee when the labor contract expires, because the labor relationship has been terminated when the contract expires, and there is no need to dismiss the employee. If there are special circumstances prescribed by law, the employment contract shall be extended until the corresponding circumstances disappear and terminated, during which the employee may not be dismissed.
Legal basis: Civil Code of the People's Republic of China Labor Chain Sedan Chair Contract Law Article 45 If the labor contract expires and there are any of the circumstances specified in Article 42 of this Law, the labor shed loss contract shall be renewed until the corresponding circumstances disappear and terminated. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as stipulated in Paragraph 2 of Article 42 of this Law shall be carried out in accordance with the provisions of the State on work-related injury insurance.
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There is generally no need to dismiss an employee when the employment contract expires, because the employment relationship has been terminated when the contract expires, and there is no need to dismiss the employee. When the labor contract expires, if the employer does not want to renew the contract and fails, it shall notify the employee in writing 30 days in advance and pay the employee severance according to the standard of terminating the labor contract. If the employer does not lower the standard to file a renewal request, and the employee himself is unwilling to renew the contract, he or she will not receive compensation and unemployment benefits.
Labor Contract Law of the People's Republic of China
Article 44.
Termination of Labor Contract] 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 laborer 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.
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[Legal Analysis].There is generally no need to dismiss an employee when the employment contract expires, because the employment relationship has been terminated when the contract expires, and there is no need to dismiss the employee. If there are special circumstances prescribed by law, the labor contract shall be extended until the corresponding die grinding situation disappears, and the employee may not be dismissed during this period.
[Legal basis].Article 45 of the Labor Contract Law of the Civil Code of the People's Republic of China Upon the expiration of the labor contract, if there is one of the conditions provided for in Article 42 of this Law, the labor contract shall be renewed until the corresponding circumstances disappear. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as provided for in Paragraph 2 of Article 42 of this Law shall be carried out in accordance with the provisions of the State on work-related injury insurance.
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Legal analysis: If you resign during the contract period, you shall notify the employer in writing 30 days in advance, and 3 days in advance during the probationary period; The employee may unilaterally terminate the labor contract and demand economic compensation from the employer; If a worker illegally resigns and causes losses to the employer, he shall be liable for compensation.
Legal basis: Labor Contract Law of the People's Republic of China Article 17 The worker 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.
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Analysis of the law of socks digging and blocking:
During the contract period, the employee may terminate the labor contract by notifying the employer in writing 30 days in advance; If the employee is in the probationary period, the employer may terminate the labor contract by giving three days' notice.
Legal basis: Labor Contract Law of the People's Republic of China
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. If the employee notifies the employer three days in advance during the probationary period, the employee may terminate the labor contract.
The probationary period is the period of probationary work agreed between the employee and the employer. During this period, the employee and the employer can get to know each other's situation and decide whether to choose each other. The purpose of the Labor Law is to give the employer and the employer further "choice" when establishing a probationary period. >>>More
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During the term of the rental contract, the landlord illegally occupies the forgotten property of the original tenant and refuses to return it. It will constitute the crime of illegal occupation of other people's property, and the tenant can negotiate to deal with it first, and if it cannot be negotiated, it can be reported to the police, and if the police cannot handle it, they can appeal to the court.
If you ask for it yourself, there will be no compensation!! You can't bring it up yourself. >>>More
According to the current labor law, as long as the employer is notified one month in advance, the labor contract can be terminated and the company can be terminated. >>>More