Consultation on the termination of labor contracts, consultation on the termination of labor contrac

You will need to make a formal written application at least one month in advance.

Only dare or not, there is no reasonableness or unreasonableness, not necessarily the meaning of the company, usually someone is doing ghosts!

Legal analysis: If the employer does not agree to terminate the labor contract, the parties can go to the local labor inspection brigade to complain, or go to the labor dispute arbitration department to apply for arbitration. The employee shall notify the employer in writing 30 days in advance, and the employer may terminate the labor contract.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China 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.

Article 10 of the Law of the People's Republic of China on Labor Cooperation Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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.

1. The company's practice is unreasonable, the unit shall not unilaterally transfer the position, and the unit shall pay economic compensation for the termination of labor relations with employees due to changes in business conditions; 2. The assessment bonus shall be paid by the unit according to the company's regulations; 3. The company's failure to pay social security is illegal, and you can ask the unit to make up the payment; 4. If there is no labor relationship with the unit, the unit is not obliged to pay social security; 5. Your situation does not belong to voluntary resignation, and if the employer terminates the labor relationship with you, you should handle the handover. As far as you are concerned, you can only answer this point, please consult a professional lawyer for details:

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

Because the enterprise terminates the labor contract, the length of service is calculated from 2008, and the company only signed a fixed-term contract with you in 2008, if you sign a second fixed-term contract, the initiative is in your hands.

If the company has notified you that you will not renew your visa, it will compensate you for 6 years of service and 6 months' salary, with the average of the previous 12 months per month. If you are notified at that time, add 1 more month.

If you propose to terminate the contract according to the Labor Contract Law, you do not need to give 30 days in advance, but you should make sure that your reasons are sufficient.

1. If the employer has any of the circumstances specified in Article 38 of the Labor Contract Law, if you submit a letter of resignation to the employer in writing, you can leave immediately. In addition, the employer may be required to pay economic compensation in accordance with Articles 46 and 47 of the Labor Contract Law.

2. If the employer has any of the circumstances specified in Article 38 of the Labor Contract Law, you may claim your rights in accordance with Article 38.

Under the circumstances mentioned in Article 38, the employee may terminate the labor contract immediately without prior notice to the employer. However, in practice, because it involves economic compensation, liquidated damages, file transfer, insurance relationship transfer and other matters, it is necessary to notify the unit in advance.

No, it can be terminated immediately, but you need to confirm that the employer has the circumstances under Article 38 of the Labor Contract Law, is there any evidence? In addition, the reason for your resignation and your resignation behavior should also be retained.

The probationary period shall be 3 days in advance, and the contract period shall be notified to the employer in writing 1 month in advance.

You can request the original employer to terminate the contract without cause in accordance with Articles 48 and 87 of the Labor Contract Law, pay you double the severance payment, and require two months of service for one year. The legal basis is as follows:

Article 33 of the Labor Contract Law shall not affect the performance of the labor contract if the employer changes its name, legal representative, principal responsible person or investor.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (IV).

Article 5 Where a worker is assigned to work in a new employer from the original employer for reasons other than his own, and the original employer fails to pay economic compensation, and the worker terminates the labor contract with the new employer in accordance with the provisions of Article 38 of the Labor Contract Law, or the new employer proposes to dissolve or terminate the labor contract to the worker, the people's court shall support the worker's request that the working years of the original employer be combined into the number of years of service of the new employer when calculating the number of years of service for which severance or compensation is paid.

If an employer meets any of the following circumstances, it shall be deemed that "the employee has been arranged to work in the new employer from the original employer for reasons other than his/her own":

1) The employee is still working in the original workplace and position, and the subject of the labor contract is changed from the original employer to the new employer;

2) The employer transfers the employee in the form of organizational appointment or appointment;

3) The employee's job transfer is caused by the merger or division of the employer;

4) The employer and its affiliates take turns to conclude labor contracts with employees;

5) Other reasonable circumstances.

You can apply for arbitration with a written notice of dismissal from the employer and a contract. If the company unilaterally terminates the labor contract, it should compensate you for 4 months' salary.

As long as you have the transfer procedures at that time, you have the right to make any request in your favor to the first boss on this basis, otherwise, it will really be a lot of trouble.

1. Originally, according to the law, if the company arranges you to work in a new company, the compensation time should be calculated continuously, that is, the company should compensate you for two months' salary. Now the question is can you prove that the company sent you? Evidence can be documents from the HR department, business documents or records from the new company that reflect the connection with the original company, and even better if your salary is still paid to the original company.

2. If you can't prove it, it doesn't matter. Since the new company does not have an employment contract with you, you can ask the new company to pay you double your salary from February 8, so that you can also get more than a month's salary compensation. Here's another trick, you claim that you were hired on January 1 with your January pay stub, so you can claim double pay from February 1.

If the other party wants to prove that you joined the company on January 8, it is possible to pull out the relationship with the original company.

FYI, good luck!

1. There is no such bad record, rest assured;

2. Do not write a resignation report and let the employer terminate the labor contract with you, then you can apply for labor arbitration to claim compensation and pay 2 months' wages for every 1 year of work.

Legal basis: Article 87 of the Labor Contract Law.

If the company does not fire you for no reason in accordance with the internal regulations, you can ask the company to compensate you and ask for continued performance of the employment contract. If it is stated in the file that you are dismissed, you can go to labor arbitration and ask the company to make corrections.

Expel? What an unfamiliar term!

In today's society, as a company, it does not have the right to fire employees. Moreover, there is no need to "fire" at all, just terminate the labor contract directly.

If it does "fire" the landlord, the landlord can apply to the labor arbitration department for arbitration.

Article 44, Paragraph 1, Item 5 of the Labor Contract Law: (5) The employer has its business license revoked, ordered to close or revoked, or the employer decides to dissolve ahead of schedule;

If the labor contract is terminated for such reasons, the employer shall pay the employee severance payment.

Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department. Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.

The Labor Law of the People's Republic of China stipulates the termination of labor contracts by employers as follows:

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 labor conditions in accordance with the labor contract.

Just write a resignation report.