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Anonymous users2024-02-111. If there is no liquidated damages stipulated in the contract, do not pay, and the labor contract law also stipulates that you do not need to pay in this case.
2. You can return the bedding and daily necessities provided by the company to the unit, and if the unit does not want it, you can return the money to the company according to the value. It's not a lot of money, don't care too much.
3 to take the initiative to negotiate with the unit, the negotiation should be in accordance with the country's labor laws, so that there is a reason, if the unit is always delayed, you can ask the local labor department to assist in handling, according to the labor contract law, you should go through the procedures for you on the third day after the termination of the contract, and within 15 days, to help you handle the file and social security procedures. If your file is in the unit, you will need to transfer it to the local talent exchange center and go through the formalities of regularization next year.
4. It is recommended that you go to the place of work after you have dealt with this matter to avoid causing trouble in the future!There have been such cases in the past, there was a person who did not deal with the same situation in the year of graduation, and had a very stiff quarrel with the personnel cadres, and came to Shenzhen without caring about anything, and as a result, the unit wrote in the file that he automatically resigned. Later, he wanted to be transferred to Shenzhen, because of the archives"Voluntary separation"4 words, I didn't pass the review file, and I can't adjust it in the future!
Article 50 The employer shall, upon dissolution or termination of the labor contract, 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.
If there is no agreement in the agreement, you do not need to pay liquidated damages, do not need to bear other responsibilities, and only need to notify the employer 3 days in advance that you want to resign.
Labor Contract Law.
Article 25 Except as provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear liquidated damages.
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.
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Anonymous users2024-02-10Hello. All I can say about your case.
First of all, since you feel that the job is too unsuitable for you and decide to quit, then you should make a decision, and the longer you hold it, the more troublesome it will be to deal with. Secondly, the graduate employment agreement is not equivalent to the employment contract, since the employment contract has not yet come into effect, then you belong to the probationary period, according to the provisions of the labor contract law, the employee can notify the employer to terminate the employment contract at any time during the probationary period. As for the legal liability you need to bear, it must be based on the original agreement.
contract) stipulates that liquidated damages are unavoidable for you to worry about. Many fresh graduates sign contracts very blindly and impulsively, and only regret it when they find that the signed unit is not suitable for them.
The only way to waive liquidated damages is to find loopholes in the labor contract, which is, to put it bluntly, invalid.
To give you a little bit of the relevant legal terms.
The contract you signed violates labor laws and is invalid.
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 labor conditions in accordance with the labor contract.
Article 18 The following labor contracts are invalid:
1) Labor contracts that violate laws and administrative regulations;
2) Labor contracts concluded by means of fraud, threats or other means.
You can sue him that the contract is invalid according to his request that "5,000 liquidated damages must be paid for breach of contract during the probation period and outside the probationary period".
If it's not a job you enjoy, give up!
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Anonymous users2024-02-09The responsibility is not big, and you can leave after taking your salary. There's nothing to think about.
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Anonymous users2024-02-08You are now on probation and are not a regular employee, you can resign directly without compensating for liquidated damages, and if they talk about this, go to the labor and social security department to sue them, and that's fine.
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Anonymous users2024-02-07If there is no return to the sale of the violation of the law, then do not take responsibility after leaving the job, and just do the work at hand when you leave. Employees should generally be held liable for losses caused by improper work. However, the specifics should be determined according to the actual situation.
Article 23 of the Labor Contract Law stipulates that the employer and the employee may agree in the employment contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.
If the employee makes a mistake during the probationary period and causes losses to the employer, who is responsible depends on the specific circumstances of the quarrel, and if the employee intentionally causes it, the employee shall be liable.
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Anonymous users2024-02-06Whether the resignation during the probationary period is stupid or not depends mainly on whether the individual signs the labor contract during the probationary period. If you sign a labor contract, you are not considered a fresh graduate. If you do not sign a labor contract, you will still retain your status as a fresh graduate after leaving the job.
Graduates of colleges and universities who are uniformly enrolled by the state when they leave school and do not have a job unit during the career selection period (the state stipulates that the career selection period is two years, and in some places it is extended to three years), their household registration, files, and organizational relationships are retained in the original school from which they graduated, or they are retained in the graduate employment departments at all levels (graduate employment guidance service centers), talent exchange service agencies at all levels, and graduates from public employment service institutions at all levels, are also treated as fresh college graduates.
1.Those who are about to graduate, but have not yet received their graduation certificate, or have stopped studying, and are in an internship state.
2.Those who have obtained the graduation certificate, but the time for obtaining the number of years of the business certificate does not exceed the number of years of the employment selection period (more than the previous students).
3.Fresh graduates of colleges and universities, graduates who graduated in the first year of the index, (doctoral graduates, master's graduates, ordinary fresh graduates).
4.Fresh graduates of ordinary colleges and universities refer to students who have graduated from full-time higher education in the current year.
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Anonymous users2024-02-05If I resign during the probationary period, do I have to compensate the employer for the loss?
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Anonymous users2024-02-041. During the probationary period, the resignation is submitted in accordance with the law, and there is no need to bear any responsibility;
2. However, if the loss is caused to the unit by sudden self-departure, it shall be liable for compensation;
3. Legal basis: Interim Provisions on Payment of Wages Article 16 If an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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Anonymous users2024-02-03During the probationary period, both parties are examined. If you do not become a regular employee, both parties can propose to dismiss the other party at any time. First, there are only two days of work, if you don't want to be paid and leave yourself, what will he do with you; Second, if you ask for a salary, see if he gives it to you, or talk to him, work three more days, and then pay five days' wages.
As for what legal responsibility you bear, if you have not caused any impact and loss to the company, he will not hold you responsible.
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Anonymous users2024-02-02There will be no responsibility.
If you leave your job, it's good not to trouble them, because according to the labor law, as long as the employee starts to work, even if it is during the probation period, the unit will have to pay social insurance for you, but the general practice of the unit is to wait for the probationary period to pass before starting to pay, if they find fault, you let them help you pay a month's social insurance. Otherwise, file a complaint with the labour inspectorate.
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Anonymous users2024-02-01There is no legal responsibility during the probationary period.
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Anonymous users2024-01-31During the probationary period, the employee notifies the employer 3 days in advance to terminate the contract, without the consent of the employer, and after the expiration of the 3-day period, the employer shall settle the salary according to attendance and go through the procedures for terminating the contract in accordance with the wage standard of the probationary period agreed in the labor contract.
Legal basis: Article 8 of the Interim Provisions on the Payment of Wages.
For workers who have completed one-time temporary labor or a specific job, the employer shall pay wages to employees after the completion of their labor tasks in accordance with the relevant agreements or contracts.
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Anonymous users2024-01-30Legal Analysis: No, the employee can terminate the employment contract at any time by notifying the employer during the probationary period.
Legal basis: Labor Law of the People's Republic of China
Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:
Ode to defeat) You Min 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 remuneration or provide working conditions in accordance with the provisions of the labor contract.
I think the landlord's mentality should be low-key, at this stage it is necessary to be too ambitious, do a solid job of basic skills, whether in the unit, at home, we must have a learning and practice mentality, and in the face of fierce competition, we must be more proactive. >>>More
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