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Article 37 of the Labor Contract Law stipulates that an employee 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.
The date of resignation should be written as the date of submission on the same day, and the date of resignation should be written as the date after 2 months;
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It is written in the general contract.
It is generally a month, mainly to facilitate the enterprise to find someone to take over.
If it is not written in the contract, you can pull it off.
After all, if it is not written, it cannot be regarded as a mandatory rule.
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If you resign voluntarily, you need to resign 30 days in advance. There are generally three circumstances for resignation: first, the employment relationship is terminated immediately in accordance with the law, such as the employer has violence or threats against the employee to force the employee, does not pay wages as agreed in the contract, etc., the employee may request the employer to terminate the labor contract at any time; Second, according to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract; The third is directional.
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Summary. 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 specified 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.
I want to resign, do I need to submit my resignation report one month in advance? Those who know the law are coming.
Hello, I am a cooperating lawyer and it is a pleasure to serve you.
If the employer violates Article 38 of the Labor Contract Law, the employee does not need to send a notice of forced termination of the employment relationship to the employer.
There are three situations in which an individual submits a notice of deferment of resignation: 1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship without the approval of the employer, and you can 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;
If you submit your resignation letter directly and leave, you will break the law at this time, and the employer can sue you for the direct economic losses caused to the employer and the expenses incurred in recruiting you.
You can send the notice of termination of the employment relationship (that is, the resignation letter and resignation report in layman's terms) to the employer by courier or ** letter, so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.
Article 37 of the Labor Contract Law The employee shall notify the employer in writing 30 days in advance, and may terminate the labor contract on the basis of argument. If the employee notifies the employer three days before the probationary period, the employee may terminate the labor contract.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Using the rules and regulations of the Wangren unit to violate the provisions of laws and regulations, harming the rights and interests of blind laborers; (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.
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