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In this case, you can only be regarded as a breach of contract in advance, because the contract must say that if you resign, you must submit a written application 30 working days in advance, and you leave the hotel within 30 days for personal reasons, most of which should be regarded as dismissal, so you can find the original hotel to give you a resignation certificate to indicate this, but this is very unfavorable for you in the new hotel.
The personnel rules and regulations of the hotel are very strict, especially for you who resign and leave the hotel without waiting for the date specified in the contract, it will be clearly written in your resignation certificate and file. Why didn't you quit right away, if you didn't even have a month's salary?
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A resignation certificate is proof that you are not currently employed by another company.
The new company is afraid of lawsuits.
It's very easy to get it, as long as you don't have any relationship with the previous hotel, you don't have social security, labor insurance or files, etc., you can just find a private company to stamp it.
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Generally, hotels require a certificate of resignation, or a certificate of no criminal record
The main purpose is to vet your own staff, and if you tell the current hotel about the situation, you are not very likely to be hired
1 Open a certificate of no criminal record and go to the hotel where you were first to see if you can replace it 2 Go to the original hotel and explain the situation to the original hotel leader to see if you can be accommodating
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The possibility of wanting to do it yourself is almost non-existent.
The resignation certificate must have a company seal, and you will never carve a fake seal.
Find another reason to tell the other party, the other party wants to leave the certificate to confirm that you do not currently have an employment relationship with another company, so take into account the other party's concerns.
As for what reason to find, I really can't think of it for a while, so let's see other people's answers.
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If the company does not resign 30 days in advance, the employer does not issue a resignation certificate, which is the party's violation of the rules and self-departure, and now the new company must show this, but the hotel asks the party to go through the resignation procedures, and the party has already handled it, and the employer should issue a certificate of dissolution or termination of the labor contract.
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. However, if the employee terminates the labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
Therefore, it is best for the parties to negotiate amicably with the unit.
In accordance with the provisions of the 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 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.
The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
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There are three scenarios:
1. If the employer violates Article 38 of the Labor Contract Law, you can leave immediately after you resign, and the employer does not go through the resignation procedures and does not issue a resignation certificate for you, and you can apply for labor arbitration to protect your rights;
2. If the employer does not violate the law, but you submit a written resignation application 30 days in advance, and the employer does not handle the resignation procedures for you and does not issue a resignation certificate for you after 30 days, you can also apply for labor arbitration to protect your rights;
3. If you do not submit your resignation 30 days in advance, and the employer does not violate the law, you will directly submit a resignation letter and leave, at this time, you will be in violation of the law, and you will have to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you. After paying the losses of the corresponding employer, you can ask the employer to go through the resignation procedures for you, and if the employer does not cooperate, you can apply for arbitration to protect your rights!
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 the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without notifying the employer in advance.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of 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.
Article 17 of Book IV Economic compensation shall be paid to the worker according to the number of years he 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.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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Verbally promise no, and after a few days, say that you will leave your job voluntarily and will not get your salary.
Termination of the labor contract is a right granted to the employee by Article 37 of the Labor Contract Law, and if you want to terminate the labor contract, you do not need to apply to the employer and the employer will approve it. The termination of the employment contract is your decision, and you only need to notify the employer in accordance with the law and prove that you have given written notice, then the procedure for terminating the employment contract is in accordance with the provisions of the Labor Contract Law, and you will not be liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer falls under any of the circumstances described in Article 38 of the Labor Contract Law, you may also claim economic compensation in accordance with Article 46 of the Labor Contract Law.
After submitting the notice of termination of the labor contract, it does not matter whether it is approved or not, the key is that someone must sign for it as proof of the termination of the labor contract in accordance with the law, otherwise the bad employer will say that you have left the job voluntarily and have not submitted the resignation report, and put all the responsibility on you, and also find an excuse for not paying your recent salary. If the employer does not pay your wages on the last day of work, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of wages and related economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.
1. I am .........If the employer infringes upon your legitimate rights and interests, it is better to state the reason so that it is convenient to present evidence later), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;
2. Please notify the company in writing (the notice must have the company's seal, otherwise it will be invalid) that I hand over the work to someone on a certain day, if I do not receive a written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;
3. Please settle the salary and other related expenses with me on the date of work handover, and provide me with a certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).
If you want to fully protect your legitimate rights and interests, it is recommended that you take a look at the Labor Law, the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.
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1. The issue of leave needs to be followed by the company's process, which is necessary, and the company does not agree to deal with absenteeism, but this is different from dismissal;
2. The company unilaterally dismisses an employee, even during the probation period, it needs to issue a specific written statement to prove that it is not suitable for the post during the probation period, and it is not a short message or a text message that can be solved; In that sense, the company hasn't gone through the formal process to fire you, so ignore the text message. You can ask the company's human resources department for an explanation. (The manager of the department is obviously not qualified for his or her workplace qualities and experience).
3. Regardless of whether it is suitable or not, the salary during the working period must be paid. This is a guarantee given by law. Otherwise, the parties can apply for labor arbitration and claim wages.
4. Through the above, the parties and the department manager are not in harmony, it is recommended to change jobs, in fact, during the probation period, regardless of their resignation or the company's resignation, their wages are guaranteed. There is no doubt about it.
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There are conditions for dismissal during the probationary period, and the employer can only dismiss the employee if it proves that the employee does not meet the employer's employment requirements during the probationary period. If Yidan is dismissed without justifiable reasons, it may request the arbitral tribunal or the people's court to determine whether its performance during the probationary period meets the employment requirements of the employer, and then determine whether the employer has violated the law. In terms of salary, if it is caused by your process, you can also receive the salary for the actual number of days you work, and the employer is wrong in the process, depending on the contract provisions.
However, it is best to negotiate a settlement, and arbitration and litigation will cost manpower and material resources. There are many things that the labor law stipulates that workers should look down on.
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During the probationary period, if the employee is proved to be ineligible for employment, the employer may terminate the labor contract with the employee in accordance with the law.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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If your manager dismisses you, the hotel will compensate you for one month's salary
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1. Do what you should do and strictly abide by the rules and regulations (pay special attention to dress, the hotel has strict requirements);
2. Don't be shy when you see your boss taking the initiative to say hello, and leave an impression on your boss;
3. Unite the colleagues around you, don't make a small group, don't talk about your colleagues;
4. Try not to ask for leave as much as possible, the hotel likes full-time employees;
5. Take care of your mouth, what you see and hear, please put it in your stomach;
6. If you are smart enough, you will explain your opinions and suggestions for work to your boss at the right time and in the right place.
7. If you have time, be proficient in a foreign language.
If you can do the above, you will be at the top of your work.
After four or five years, you will be a supervisor, deputy department manager or something, provided that you have no background, and if you handle interpersonal relationships well, you will not rule out a higher position.
The above assumption is that you only have a general diploma, and you start as a waiter when you enter the hotel. If you have a diploma and have entered the finance, human resources, public relations, sales and other departments of the hotel, then feel at ease to be a small white-collar worker (I say four stars or more).
Finally, good luck!
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