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1. First of all, it should be clear that labor relations have a strong personal color, no enterprise has the right to force labor, employees can not do it at any time if they don't want to do it, and enterprises can only investigate the liability of employees for breach of contract in accordance with the law, and cannot require employees not to leave. Conversely, if the company evicts the employee, the employee can ask to be reinstated.
2. If you have not officially started to work, then according to the labor contract law that will come into effect on January 1, 08, the establishment of labor relations is subject to the actual provision of labor services, not to the signing of labor contracts, and there is no risk if you do not go to work. It's a pity that it won't be implemented until after 1/1/08, and it can't be used now.
3. If you sign a labor contract and breach the contract, of course, you must bear the liability for breach of contract, which is generally to compensate the enterprise for the losses suffered by it, and if the labor contract stipulates liquidated damages, you must compensate for liquidated damages. Although it looks scary, in fact, it is difficult for enterprises to prove how much loss you incurred because of your default, and in practice, enterprises rarely chase after you.
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Now what kind of contract, are beneficial and guaranteed for the individual, not for the company, people run away, the company has to spend time all over China to find it. If you don't go, it won't be anything.
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Doesn't the contract stipulate a probationary period? Once you have agreed on a probationary period, you should be able to leave at any time.
In addition, don't be too nervous, if the company doesn't detain anything from you, it's gone, and the company won't sue you for 3W.
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If the specific problem is that the contract has not been actually performed. It's not a big problem if you don't go to work. You can consult a lawyer in person.
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If you resign after signing the contract during the probationary period, you must notify the employer three days in advance, and if you resign after the probationary period, you must notify the employer 30 days in advance. According to the relevant laws and regulations, the probationary period is three days in advance of the written resignation application, and after the probationary period, the resignation is submitted in writing one month in advance. The employer can also resign if it does not approve it.
Employers are also not allowed to deduct wages.
Legal analysis] signed a contract probationary period resignation, generally three days after the resignation, generally can leave, the law stipulates that the probationary period should be notified to the company three days in advance, and the work handover, even if the company does not let go, the employee can also leave, the company should also pay the probationary period due wages. If the company refuses to leave after submitting an application for resignation, it can file a complaint with the labor inspection brigade or apply for labor arbitration. For the specific situation of resignation during the probationary period, it is necessary to strictly implement the terms agreed in the labor contract and relevant legal provisions, especially the employee can be determined according to his actual work situation.
After the probationary period, the employee who resigns after the probationary period shall notify the employer in writing 30 days in advance, and the labor contract may be terminated. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. The Labor Law does not stipulate that the employee must be notified several days in advance of the termination of the employment contract during the probationary period, but only stipulates that the employee must notify the employer three days in advance of the resignation.
If the company terminates the labor contract and terminates the labor contract in accordance with the relevant laws and regulations, it needs to notify the employee one month in advance, otherwise it needs to pay the employee an additional month's salary as payment in lieu of notice.
Personal advice] It is best to negotiate with the employer.
[Legal basis].
Legal basis: Labor Law of the People's Republic of China
Article 31 A worker who terminates a labor contract shall notify the employer in writing 30 days in advance.
Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer: (1) during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.
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Answer: You can tell the employer that since the labor contract was signed on the first day of work, from the side, this company is still quite formal, after all, many companies do not sign a labor contract during the probation period, and you have to wait until you become a regular to sign, and the company that signed the labor contract as soon as you join the company must attach great importance to the labor law, and it is also an insurance and peace of mind for job seekers, but for this job, if you don't want to go the next day, you can inform the relevant recruiters of the employer. It doesn't matter if you send a message or call a **, this is also a polite way, just explain the reason why you don't want to go, and the employer will not make it difficult for you because you signed a labor contract, after all, you are only on the first day of work, and the labor contract does not play a big role.
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Legal Analysis: Signing a labor contract but not being promoted to work is a situation where the labor relationship has not been formally established. If you don't want to go, you can directly notify the employer of the non-performance of the labor contract.
Workers should carefully think about whether to sign a labor contract before deciding whether to sign a labor contract.
Legal basis: Article 10 of the Labor Contract Law establishes a written labor contract.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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