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According to the provisions of national law, the employee can resign after giving 30 days' written notice, which means that whether she agrees or not, you can leave the job after 30 days. If there is an agreement of less than 30 days in the labor contract, the agreement of the labor contract shall be followed, and if it exceeds 30 days, it shall be executed in accordance with the law.
If there is no employment contract, as of February 1, 2008, they may demand double wages.
On Saturdays and Sundays, the employer arranges you to work overtime, no matter what the unit calls it. If the overtime is worked on weekends, the overtime pay is 200 per day.
You can report it to the labour inspectorate or apply for arbitration yourself. The grounds for the application include the payment of overtime pay for overtime work worked on weekends and the application for timely payment of wages.
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It is your right to resign, but if there is an employment contract, it must be in accordance with the employment contract, but if the employment contract is unreasonable, it must be in accordance with international law.
For example, if there is a need for one month's notice in the employment contract before you can resign, then you must give one month's notice, preferably in writing. That's how you can leave your job.
You can consult about labor disputes.
Doesn't she count her wages for your days off? It should be twice the usual salary, and if you force yourself to work on holidays, it will be 3 times the salary, and if you ask your boss if she understands the law, she is too dark.
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Pull it down, it's still a matter whether the labor department will receive you or not.
If people want to mediate, you just wait for the boss to kill you.
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Illegal employment, if there is nothing to detain there, just leave.
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Put her mother's dog. Fart, a violation of labor laws.
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Summary. According to the law, it is indeed necessary to apply for resignation 30 days in advance, if you still do not resign after 30 days, you can apply for labor arbitration or file a complaint with the Labor Bureau.
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Hello, I'm glad for your question, according to the provisions of the law, if the employee resigns, if it is an internship period, then it is necessary to apply in writing three days in advance according to the unit, and if it is a formal code after the regularization, the employee needs to apply one month in advance.
So in principle, it's actually normal for your boss to let you leave after a month.
Is there any other workaround?
According to the law, it is indeed necessary to resign 30 days in advance, please if you still do not resign after 30 days, the bureau can apply for labor arbitration or file a complaint with the labor bureau.
I'm a new employee, can I just quit my job?
During the probationary period, employees can leave the company three days in advance, and the company is obliged to cooperate with you to handle the resignation.
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Summary. Two ways to solve it, 1- file a lawsuit with the local labor bureau and report the company.
2 You can call 12345 to make a complaint, and someone will be responsible for you soon.
What should I do if I resign and I have to work for a month before I can leave after being asked by my boss to resign?
There are two ways to solve it, 1- file a lawsuit with the local labor bureau, report the company 2 can call 12345 to complain, and someone will be responsible for you soon.
The company's contract requires a report to be submitted one month in advance, but I want to resign now, is it okay?
Absolutely, there was no employment contract signed at that time.
Signed the contract!
But can I just leave without this month's salary?
Absolutely.
Isn't it illegal or illegal? Won't you be claimed by the company?
I won't be claimed by the company, I have notified you in advance that I am leaving, you don't agree, I don't sue you, you are right, do you dare to claim.
However, the signed employee contract requires a report to be made one month in advance.
This regulation is unreasonable and can be ignored at all.
Really? Then can I tell her to leave right away and leave right away?
Yes, absolutely.
You tell him that if you don't give me a salary, I will immediately call 12345 to complain to you.
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1. It is not only unreasonable but also illegal. There are three situations in which an employee proposes to terminate a labor contract (resign): First, in accordance with the provisions of Article 37 of the Labor Contract Law, the employee submits to terminate the labor contract (through negotiation for personal reasons), that is, notifies the employer 30 days in advance (3 days during the probation period) without the approval of the employer.
However, the employer is not liable for economic compensation; Second, if the employer proposes to terminate the labor contract in accordance with Article 38 of the Labor Contract Law (the employer is unlawful), it does not need to be approved 30 days in advance, and the employee can leave immediately. In addition, the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis (without saying goodbye), the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with Article 90 of the Labor Contract Law, and the employer may deduct wages as compensation. 2. Therefore, it is very important to have a legitimate reason for resignation, as long as the reason is legitimate, any employer can not refuse, of course, if there is no legal reason, not only can you not go, you are gone, the unit will also find you trouble, not to mention that you will not get compensation, but you will also be asked to pay liquidated damages, and you will not go through the resignation procedures, which will cause trouble for your future employment.
3. It is recommended that you refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, such as not signing the labor contract, not arranging working hours in accordance with national regulations, not paying labor remuneration in full and on time, not paying overtime wages for overtime, collecting deposits, and not establishing national statutory social insurance for employees on time. 4. The notice of resignation can be written as follows: The labor contract signed between a certain department and the employer from xx year xx to xx year xx month, because the employer has violated the relevant provisions of the Labor Contract Law, (any one or two of the above illegal matters can be listed), in accordance with the relevant provisions of Article 38 of the Labor Contract Law, proposes to terminate the labor relationship, and requests the employer to pay the arrears of wages in full in accordance with the relevant provisions of the Labor Contract Law, in accordance with Article 46 of the Labor Contract Law, Article 47 stipulates that severance shall be paid, and in accordance with the provisions of Article 50 of the Labor Contract Law, the wages during the working period shall be settled and the resignation procedures shall be completed in a timely manner.
5. Of course, in accordance with the provisions of Article 37 of the Labor Contract Law, the employer can be notified 30 days in advance (3 days of probation), and the employer can be required to go through the resignation procedures and leave without any reason. 6. The notice can be written as follows: There is a certain department and a certain department, the labor contract signed with the employer from xx year xx to xx year xx month, due to my own reasons, I hereby submit my resignation in accordance with the provisions of Article 37 of the Labor Contract Law, and will leave the unit after 30 days, please do a good job of taking over the work, I will do a good job of handing over the work within the specified time, and ask the unit to go through the resignation procedures in a timely manner in accordance with the provisions of Article 50 of the Labor Contract Law.
7. The "notice" must be signed by the unit, and he will be delivered by ** letter or courier without signing, so as to ensure that the evidence of the delivery of the notice is left.
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The agreement between you and your boss is invalid.
The company has not carried out special technical training and special training expenses for you, and has no right to agree on the service period.
The suggestions are as follows: according to Article 37 of the Labor Contract Law, the company must be notified 3 days in advance for resignation during the probationary period, and 30 days in advance after the probationary period. Article 3 of the Labor Law stipulates that workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to obtain labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.
The factory does not approve the resignation, you can write your own resignation letter, in duplicate, send one copy by courier to the company's personnel department, keep the copy and the express receipt.
After 30 days, you can go to settle the salary, regardless of whether he approves it or not. It is best to negotiate and settle the problem, and apply for labor arbitration if it fails! If you do not settle your wages by then, you can bring a copy of your resignation letter and receipt as evidence to the local labor management station to file a complaint.
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Apply for labor arbitration to request the termination of labor relations and payment of wages.
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.
Labor Dispute Mediation and Arbitration Law
Article 2 This Law shall apply to 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, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
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It is your right to resign, and you can leave your job whether he agrees with it or not.
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Don't ask for a salary, and the boss may agree.
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It depends on the boss's wishes.
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You can leave yourself, you can think of some other way to apply for resignation.
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If you don't pay your salary, you can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The party concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate, the worker may apply for labor arbitration.
Article 85 of the Labor Contract Law: In any of the following circumstances, the Ministry of Labor Administration shall order the employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying the employee economic compensation in accordance with these Regulations.
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