I didn t identify what to do if I wanted to resign and the company didn t agree 20

Updated on society 2024-06-21
11 answers
  1. Anonymous users2024-02-12

    It is not okay for you to say that you want to resign without any evidence, and you should submit your resignation in writing in accordance with the law. If you want to resign, you only need to submit the resignation report to the employer in writing 30 days in advance.

    If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle it, pay your salary in a lump sum, and issue you a certificate of resignation, otherwise the employer will be in violation of the law.

  2. Anonymous users2024-02-11

    Labor Contract Law

    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 38 An employee may terminate a labor contract under any of the following circumstances:

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

    2) Failure to pay labor remuneration in full and in a timely manner;

    3) Failure to pay social insurance premiums for workers in accordance with the law;

    4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

    5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

    If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

    According to Article 37 of the Law, you can give written notice to the employer in advance to terminate the contract, and within 30 days, you will be deemed to have terminated the contract with the employer after completing the work handover formalities, but you cannot claim economic compensation in accordance with the law.

    If the employer falls under one of the circumstances provided for in Article 38 of this Law, you can also terminate the contract as above, and the employer must pay you severance payments.

  3. Anonymous users2024-02-10

    Although you have not signed a labor contract, from a legal point of view, as long as you have a de facto legal relationship, the company should pay you wages and other remuneration, and purchase social insurance such as five insurances and one housing fund for you. But you have to understand that if you resign voluntarily, the company will not compensate you financially, and you have to think twice about this loss! If you are mentally prepared to give up compensation, even if you leave, from a legal point of view, you do not need to bear any responsibility, and the worker is the freest!

    Of course, I hope that you will hand over the work to the company in a responsible spirit, which is the foundation of human beings.

  4. Anonymous users2024-02-09

    The Company Law stipulates that the probationary period is up to six months, and resignation requires one month in advance to submit a resignation report to the company.

    You don't even have an employment contract, you just need to put it forward verbally a month in advance.

  5. Anonymous users2024-02-08

    Go to the labor bureau, you don't sign the contract, and the company will pay you money.

  6. Anonymous users2024-02-07

    Brother, I'm as sad as you are!

  7. Anonymous users2024-02-06

    What can you do if your employer violates the law by not signing a written labor contract?

    1. You can die and refuse to admit that you have a labor relationship with the worker, but insist that it is a labor relationship, and the labor relationship is terminated after the task is completed, and there is no compensation problem. If the employee cannot prove the existence of a de facto employment relationship and you win the lawsuit, you do not need to pay compensation.

    2 is raised when 1 is not established. You can't admit that the system is not perfect, otherwise it may involve industry and commerce, social security, and labor inspection. When arguing in court, it can be said that it was caused by the negligence of the personnel department, and the employee did not take the initiative, and both parties were at fault, and the employer could not only be held responsible.

    You can also say that you offered to sign a labor contract, but the worker did not sign it.

    3. If the worker says that the performance has not been paid, you can prepare a performance form, preferably with all the employee's information on it, to prove that the employee is indeed not up to standard, and there is no deduction or arrears of wages. If the worker says I didn't sign, you can argue that the other people didn't sign either, and that's what the employer did.

  8. Anonymous users2024-02-05

    First of all, the law also stipulates that the bonus part is part of the income, and your claim that this part of the income is also justified.

    However, according to your description, the company has just been established, and the system is not perfect, and the company's benefits may not be satisfactory. It is unwilling to send it, and it may not violate the law.

    Because the law does not require the employer to pay bonuses, if the labor contract signed between the employer and the employee clearly stipulates the amount of bonuses and year-end bonuses and other benefits, the employer must pay the full amount;

    Therefore, if the company refuses to issue the issue on the grounds that the benefits of the newly established company are not good, it is difficult to determine the labor arbitration.

    Because the law has clear provisions on the wage part, the rules are as follows;

    Wages are paid at least once a month. Where the monthly wage system is implemented, the enterprise shall pay wages every month in accordance with the provisions of the internal wage payment system formulated in accordance with the law or the time agreed in the labor contract.

    My suggestion, since you have already gone to arbitration, you see how the labor bureau will deal with you, it is best to negotiate with the employer, if he promised you at the beginning. You can keep some chats, contracts, or testimony from colleagues as evidence. However, since the company has just been established and resigned, the other party has also given wages and compensation, considering that the company has just been established and has not made money so quickly, don't be too careful, you have to be forgiving, and forgiving people.

    Hope it helps.

  9. Anonymous users2024-02-04

    The Labor Bureau will take care of it, but only if it is self-sufficient.

    Submit the resignation report to the company in writing one month before the resignation, and if this condition is not met, it is legal for the company not to approve it. Legal basis: Article 31 of the Labor Law of the People's Republic of China stipulates:

    The employee shall notify the employer in writing 30 days in advance of the termination of the labor contract."

    When an employee submits his or her resignation, he or she is generally required to submit a formal resignation letter to the employer. The resignation letter itself, as an expression of the employee's intention to terminate the employment relationship with the employer, has legal effect and will have the most decisive impact on the nature of the termination of the employment relationship and the division of responsibilities between the two parties. Therefore, when writing a resignation letter, employees need to think carefully and it is absolutely necessary to think twice.

  10. Anonymous users2024-02-03

    Resigned.

    The appointment does not need to be approved by the Metric Department, and only needs to be notified to the company. If the employer defaults on the employee's wages.

    If you do not go through the resignation procedures, you can file a complaint with the labor inspection of the labor bureau or apply for labor arbitration.

    1. There are three situations in which an individual proposes to resign:

    1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

    2. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require the approval of the employer to resign. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

    3. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, the employer may claim to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

    2. The employee can mail the notice of termination of the labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay the employee's wages or does not go through the resignation procedures for the employee, it may apply for labor arbitration to resolve the issue;

    "Labor Contract Law!

  11. Anonymous users2024-02-02

    Summary. Hello dear, glad to answer for you. <>

    Within one year of resignation, the employee can apply for labor arbitration and demand the payment of double wages, arrears of wages, bonuses, commissions, etc.

    How to deal with the resignation of an employee who applies for arbitration at the Labor Bureau because he or she has not signed a labor contract?

    Hello dear, glad to answer for you. <>

    Within one year of resignation, the employee can apply for labor arbitration and demand the payment of double wages, arrears of wages, bonuses, commissions, etc.

    Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes between the People's Republic of China and the Employer shall be governed by this Law for the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations (2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts; (3) Disputes arising from removal from the list, resignation, resignation, or resignation.

    Dear, do you understand my explanation, if you don't understand, you can continue to ask me. <>

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