Does the company compensate for the unsolicited resignation.

If the employer is legally at fault, the employee is entitled to severance if he voluntarily resigns.

During the performance of the labor contract, the employee can terminate the labor contract on his or her own initiative in three forms:

1. In accordance with Article 36 of the Labor Contract Law, submit an application for resignation to the employer, and terminate the contract through consensus with the consent of the employer;

2. In accordance with Article 37 of the Labor Contract Law, the employer shall notify the employer in writing 30 days in advance to terminate the contract, without the consent of the employer, and the employer shall settle the wages and go through the formalities for terminating the contract upon the expiration of the 30-day period;

3. If the employer is legally at fault as stipulated in Article 38 of the Labor Contract Law, the employee may terminate the contract at any time by notifying the employer.

Workers are subject to the above-mentioned paragraphs.

Items 1 and 2 provide for the termination of the contract without economic compensation; If the contract is terminated in accordance with the provisions of Paragraph 3, the employer shall pay the employee one month's salary and severance every year according to the number of years of service in the employer. Where it is half a year but less than one year, it shall be paid on the basis of one year, and if it is less than half a year, it shall be paid on the basis of half a year.

If an employee terminates the contract in violation of the above provisions, it is an illegal termination of the contract, and not only is there no compensation, but the employer should be compensated for the losses.

Attached: Labor Contract Law

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

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 provided for 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.

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.

Cases in which severance is payable.

1. Seven circumstances in which an employee is forced to resign and the employer shall pay severance (Article 38): -1The employer fails to provide labor protection or working conditions in accordance with the labor contract; -2.

The employer fails to pay the labor remuneration in full and in a timely manner (including the labor remuneration paid by the employer is lower than the minimum wage standard); -3.The employer fails to pay social insurance premiums for the employee 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 uses fraud, coercion or taking advantage of the danger of the employee to cause the employee to conclude or modify the labor contract contrary to his true intentions; -6.The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; -7.The employer commands or forces risky operations in violation of rules and regulations, endangering the personal safety of workers.

Items 1-5 require the employee to submit a written resignation application to the employer 30 days in advance (Article 37);

The employee may terminate the employment contract immediately without prior notice to the employer (Article 38, Paragraph 2).

2. One of the circumstances under which the employer shall pay severance to the employee after the termination of the labor contract through negotiation (Article 36): -8The employer proposes to terminate the labor contract and reaches an agreement with the employee through consultation.

3. The employer shall pay severance to the employee if it terminates the labor contract without fault (if it does not give one month's written notice in advance, it may pay one month's salary in addition) (Article 40): -9If the employee is sick or injured not due to work, and is unable to engage in the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work that is installed by the employer, the employer notifies the employee to terminate the labor contract 30 days in advance; -10.

If the employee is incompetent for the job, and the employer notifies the employee to terminate the labor contract 30 days in advance; -11.If there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after negotiation, the employer shall notify the labor contract to terminate the labor contract 30 days in advance.

Fallingbi Law Analysis: If the employee resigns and the company is not at fault, he does not need to be compensated, but he needs to pay the salary corresponding to the actual working time. Article 37 of the Civil Code of the People's Republic of China:

The employee shall notify the employer in writing 30 days in advance.

Legal basis: The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

If the employee voluntarily leaves the company without fault of the employee, he or she does not need to be compensated, but he or she is required to pay the salary corresponding to the actual working time.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China: An employee may terminate a labor contract if he or she notifies the employer in writing 30 days before the employee initiates a non-requisition.

During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.

The company generally does not need compensation for the voluntary resignation of the employee, but if the employee voluntarily resigns due to one of the circumstances stipulated in Article 38 of the Labor Contract Law, the employer shall pay economic compensation to the employee. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.

1. How to compensate the company for not buying social security for employees.

According to the relevant laws and regulations of China, there is no compensation for Chiming Company's failure to buy social security for employees, but if an employee resigns because he has not paid social insurance, his employer needs to compensate the employee accordingly. The standard of economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of 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.

The specific amount of compensation is subject to the actual situation.

2. How to calculate severance for unilateral termination of labor contract.

The unilateral termination of the labor contract by the employer is a negligent dismissal and does not require compensation. Because the employer has one of the circumstances stipulated in Article 38 of the Labor Contract Law, the employer shall pay the employee one month's salary for each full year of service in the employer.

3. What is the reasonable amount of reimbursement for resignation two years after the work-related injury?

The compensation for resigning after two years of work after a work-related injury is: the employer does not need to compensate; However, if the employer unilaterally terminates the labor contract under any of the circumstances provided for in Article 38 of the Labor Contract Law, the employer shall pay economic compensation. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.