If an employee resigns without authorization and engages in peers, is there any legal protection for

1。Article 102 of the Labor Law of the People's Republic of China stipulates that "if an employee terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters agreed in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law" 2.

There is a law to protect the company, but it depends on whether it can provide valid evidence. 1) The labor contract signed between the company and the employee should be provided. If this contract can prove that the employee is indeed an employee of your company, it can show that he has the obligation to apply to the company for resignation 30 days in advance, but resigned without authorization, and terminated the labor contract in violation of the conditions stipulated in this law, and shall be liable for compensation.

2) Is the content of the labor contract signed between the company and the employee recorded in the confidential content? It is recorded that you can file a liability for compensation (Note: I don't know what the information is, it is difficult to explain that the general information is indeed misappropriating your company's information, and you should think about it before sueing.)

If it is not recorded, it is difficult to establish the breach of confidentiality agreed in the employment contract, that is, the company's losses cannot be protected.

1. If there is still an employment relationship with the original company, the original company can sue the employee and the current company (with joint and several liability), which specific article of the labor contract law, you can check.

2. Whether the company has signed any training agreement, confidentiality agreement, etc. with the employee, if so, it will be sued, but the original company should pay compensation.

There is no way around it! If it's an executive! You should not be engaged in related industries for three years! There are rules! If it's an ordinary employee! It's up to you to eat! It doesn't work!

This depends on the contract signed at that time, and the law does not mandate the use of some information from his original company, which is quite troublesome to sue.

You have to prove it. See if there is any leakage of trade secrets. This crime is not light, and he can be punished for bankruptcy.

It is not legal for a company to ask not to work in the same field for 3 years. This situation falls within the scope of the non-compete agreement. The maximum duration of a non-compete agreement is 2 years, and it is usually the time limit that is not lawful.

At the same time, there are several key aspects of the non-compete agreement: the creation of the non-compete agreement is based on the premise of fair consultation with each other and on its own. Therefore, it is generally better to sign this type of agreement when a new employee joins the company, because the employee can sign it on his own under such circumstances.

When it comes to resignation, if a new owner has already been found and it is in the same industry, the employee will not sign it. If it's another industry, <>

There is a high probability that the employee will countersign. Non-compete agreements are generally applicable to senior managers, high-end professional and technical personnel, and staff members who bear confidentiality obligations. If your position is only a small bottom or general middle and high-level level, generally speaking, it is not in the application field, each enterprise is not the same, the actual situation depends on the situation This belongs to the non-compete agreement, which is formal, and the law stipulates that the validity period is several years, even if it is signed for three years, the people's court only recognizes the first two years, and the third year is invalid.

The company also has to pay you the compensation cost of the non-compete agreement, <>

The compensation cost is 30% of your average monthly salary for one year of work and 12 months, and if the employer does not apply the compensation for three months, you can consider the non-compete agreement to be eliminated. The company requires you to sign a strict market competition agreement, if the company only verbally stipulates that you will fart to her. 90% of companies don't spend money to compensate people who leave their jobs.

Second, according to the requirements of the Labor Contract Law, the maximum term of the non-compete agreement is 2 years, <>

In addition, the agreement requires the enterprise to pay the compensation of the non-compete agreement to the employee before it takes effect, and the amount of compensation is also stipulated by laws and regulations (generally not less than 30% of the average income of the employee in the year before the resignation, and not less than the local minimum wage). After all, this is the need for responsibility and rights, if you do not exercise my own right to control, I will not enforce the responsibility of the non-compete agreement!

This kind of provision is legally a "non-compete" clause. A "non-compete" contract can only be applied to personnel who occupy a relatively important position in the company and have the trade secrets of the enterprise, but not to all employees of the enterprise, and the "non-compete" clause applicable to all employees of the enterprise is invalid.

This situation is not legal because the company does not have such a right, and the employee has no such obligation to cooperate with him not to do the same work.

If it is unlawful, the duration of the non-compete clause is up to three years. As for the amount of compensation, it is sufficient for the employee and the employer to reach an agreement, and there is nothing improper about it.

Legal Analysis: The Labor Contract Law stipulates that if an employer forces an employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer. Where the law has other provisions, those provisions shall be followed.

Legal basis: Article 17 of the Labor Law of the People's Republic of China The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Legal analysis: the company does not allow employees to resign, Xiangyuan Yu violates the provisions of the labor law, and employees can leave as long as they resign in writing in advance in accordance with the law; If an employee resigns in accordance with the law, but the employer refuses to pay wages for various reasons, he or she may file a complaint with the labor inspection department. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

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

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 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Companies do not have the right to prevent employees from resigning. The Labor Law of the People's Republic of China stipulates that an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract, which clearly gives the employee the right to resign, which is absolute, and the employee does not need any substantive conditions to unilaterally terminate the labor contract, but only needs to fulfill the obligation of advance notice (i.e., 30 days in advance written notice to the employer).

Legal basis. Article 31 of the Labor Law of the People's Republic of China.

The company is not legal, and employees should take the initiative to report such things to the police, so as not to deduct the responsibility from the employees in order to evade responsibility and reduce losses.

Submit your resignation report one month in advance. Regardless of whether he approves it or not, it will be considered a resignation after a month.

However, you need to make sure that he has received your resignation report, and it is best to submit it by sending a ** letter. At the same time, keep your work card, pay slip, and work contract to prove that you have worked for this company, so that they will not pay you your pre-resignation salary after you resign.