If an employee resigns to the employer, can he claim compensation from the employer? 30

Article 38 of the Labor Contract Law of the People's Republic of China If the employer has any of the following circumstances, the employee may terminate the labor contract

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.

If the employee resigns for the above reasons, he or she may claim compensation.

Why did you quit your job? Whether the employer has any of the following circumstances:

1. Failure to provide labor protection or working conditions in accordance with 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 employees;

5. The employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or the employer directs or forces the laborer to perform risky work in violation of rules and regulations, endangering the personal safety of the laborer.

Legal Analysis: If an employee voluntarily resigns, the employer is not required to pay any economic compensation or compensation. Employees are required to submit written resignation 30 days in advance, and resignation can be done without the approval of the employer.

Among them, the probationary period is submitted in writing three days in advance; The employer is obliged to settle the salary and go through the resignation procedures. In the case of Article 38 of the Labor Contract Law, the employee may request payment of the remaining wages and severance (one month's salary for every one year of service) and go through the resignation procedures.

Legal basis: 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 38 The employee may terminate the labor contract if the employer falls under any of the following circumstances: (1) failing 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 restrictions on personal freedom, or if the employer violates rules and regulations and forces an employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.