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I have just terminated the labor contract and want to continue to sign the contract next month, as long as the employer agrees, I can continue.
Whether you can still enter after leaving the job depends on the situation of the unit and yourself.
Both the employer and the employee shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility in employing and being employed.
Therefore, after the parties resign, they need to be able to accept the original employer again, and once accepted, the two parties can sign a labor contract and establish an employment relationship in accordance with the law.
In accordance with the provisions of the Labor Contract Law of the People's Republic of China.
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.
The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.
When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.
In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.
The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.
Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.
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If the employee and the employer have just terminated the labor contract, and the employee wants to continue to sign the labor contract with the employer in the next month, this is not illegal, and it is necessary to reach an agreement with the original employer and the employer agrees, the employee can re-enter the company, and the length of service before the termination of the labor contract will not be accumulated.
The employee and the employer can only agree on a probationary period once, and the employer may not agree on a probationary period after the employee rejoins the company.
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No, as long as your original contract is terminated, you can sign it with another company.
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Legal Analysis: Not Required. Just leave your job.
After the labor contract is recorded, it is not necessary to terminate the filing. The information to be provided by the employer for the filing of labor employment shall include: the name of the employer, the legal representative, the economic type, the organizational structure**, the number of employees recruited, the name, gender, and citizenship number, the start and end time of signing the labor contract with the employee, the number of people who terminate or terminate the labor contract, the name and time of the employee, etc.; After the name of the employer, the legal representative, the economic type, and the organizational structure are changed, the employer shall go through the procedures for changing the labor and employment filing within 30 days.
After the employer deregisters, it shall go through the formalities for the cancellation of the labor record within 7 days.
Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.
Where an employer is required to pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall be paid at the time of the handover of the work. The text of the labor contract that has been dissolved or terminated by the Zao Xiangren unit shall be kept for at least two years for future reference.
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Summary. Hello dear and dear, you can sign a new contract after the termination of the labor contract. The original employer shall 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.
The employee and the employer may sign an employment contract again if they reach an agreement through consultation. <>
<> want to terminate the labor contract with the employer this month, can I renew the contract with the original employer in a few days?
That is, the labor contract will be terminated this month, and it will be re-signed this month.
in the same unit.
Hello dear and dear, you can sign a new contract after the termination of the labor contract. The original employer shall issue a certificate of dissolution or termination of the labor contract, and shall go through the formalities for the transfer of files and social insurance relations for the employees within 15 days of the group verification. The employee and the employer may sign an employment contract again if they reach an agreement through consultation.
<> dear, the legal basis for giving you is that, according to Article 37 of the Labor Contract Law, an 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.
Therefore, an employee who has not signed a contract during the probationary period cannot leave the company at any time, and needs to notify the employer three days in advance before he can terminate the probationary labor agreement.
Pro, yes. Is it okay to use the same unit? Cancel in the current month, re-sign in the same month? on the system.
Dear, in general, yes.
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After the expiration of the labor contract, the contract is terminated. The termination of the labor contract is the legal effect of the early termination of the labor contract by both parties, and the rights and obligations of both parties are terminated. The labor contract shall be terminated upon the expiration of the labor contract or the occurrence of the conditions for the termination of the labor contract agreed by the parties.
Article 46 of the Labor Contract Law provides that under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with Article 38 of this Law; (2) Where the employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law, and reaches an agreement with the employee to terminate the labor contract; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.
You will need to make a formal written application at least one month in advance.
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