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It is not right to do this in the factory, and the retirement of old workers is 60 years old for men and 50 years old for women. However, some factories will illegally recruit some older workers and then give them relatively low wages, which is a loophole in the law, and they are particularly afraid of inspection by higher authorities. When they are inspected, the factory will let these old employees leave as soon as possible, otherwise the factory will be punished.
Nowadays, it is difficult for many factories to recruit people, and most young people leave the hospital to go home to set up stalls or do some small businesses, and they are not willing to work in the factories. Because of the work in the factory, even the prisoners who have been in prison cannot adapt to it, and the life and rest in the prison are relatively stable, for example, working 8 hours a day, and then eating and exercising on time, the factory always urges overtime, and does not let the employees have enough sleep time.
In addition, the dormitory is far away from the factory, and many workers need to queue up to squeeze the factory shuttle bus or walk, which is really tiring. Therefore, many factories will lower the age limit and recruit some older workers, which may not meet the relevant regulations, so they are more afraid of being inspected.
Older workers also have no way, if they don't work in the factory, there is no way to support themselves, and now the construction site does not recruit older migrant workers, because these migrant workers are relatively weak, and it is likely that there will be some accidents when working, and then the construction site will bear the compensation, and the state does not allow them to recruit. It can only be said that it is not enough to do this aspect, although the factory is prohibited from recruiting employees, but there is no way to solve the employment problem or pension problem of these elderly people, so that they have no money to go to the doctor or live an easy life, so they can only come out to work.
In addition to this reason, it may also be that there are certain restrictions on employment in the factory, and only young people can do it, and older people may have some problems when they are working, such as reducing the quality of the products produced, so these older people will be allowed to leave.
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Personally, I don't think this is right in the factory. Because there is no right in the factory to ask older people to leave their jobs as soon as possible.
Many people who work in the same factory basically want to be able to work in the same factory all the time. Because in the process of working all the time, you can have a relatively stable income. And you will also have a pension after retirement. <>
This is not the right thing to do in the factory.
First of all, the factory asks older people to leave their jobs as soon as possible, which in itself is an incomprehensible behavior. And this approach in the factory is also wrong. Because there is no right in the factory to ask older people to leave their jobs as soon as possible.
And most factories are more concerned about older employees. Because the older employees have worked in the factory for a longer time and have made great contributions to the factory. <>
Older employees in the factory should protect their own rights and interests
And I personally think that the older employees in the factory should choose to protect their own rights and interests through some ways after encountering this situation. For example, after receiving the notice from the factory, you only need to do your own job. Because after doing his job well, there is no reason for the factory to fire himself.
And you can also get yourself a relevant salary and treatment. <>
My personal opinion.
In the end, I personally think that everyone will basically make different choices according to their actual situation when faced with this situation. In other words, some older employees may insist on working in the factory. However, some older employees feel that working in such factories has no prospects.
Therefore, they will take the initiative to leave their jobs in this situation, and in this way, they will have a new plan for their lives. But no matter which choice you choose, as long as it is the right choice for you.
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Wrong. This is a unilateral termination of the labor contract by the company, and the employee needs to be compensated to a certain extent.
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This kind of practice in the factory is not right, it is a violation of the labor contract, you can go to the relevant departments to report, let the relevant departments intervene, or put their behavior on the Internet ** them.
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It's not right, because you have dedicated a lot of hard work and dedication to this factory, and the factory is crossing the river and demolishing the bridge.
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I have just been working in the factory for 9 months, and for some reason, I am going to resign, but when I first came to the factory, the company has regulations for the new.
1. Employees resign only need to notify the unit in writing 30 days in advance, and notify the unit three days in advance of the probation period. There is no need for a reason. If the employer refuses to pay wages, then the employee can apply for labor arbitration to defend his rights.
2. Answer: According to Article 37 of the Labor Contract Law, the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee can terminate the labor contract by notifying the employer three days in advance.
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Summary. Dear, hello, I am happy to answer for you, according to your question, the result of your analysis from a legal perspective is as follows: even if the company wants to terminate the labor relationship with you because you cannot even resume work and other reasons, it should be the company that dismisses you, rather than letting you resign voluntarily.
Because he couldn't go back to work in the factory on time, the factory asked him to leave.
Dear, hello, I am happy to answer for you, according to your question, from a legal point of view, for you to implicit and analyze the results of the conclusion as follows: even if the company wants to terminate the labor relationship with you because you can't even resume work, etc., it should be the company that dismisses you, rather than letting you take the initiative to resign.
Legal analysis: If there is no economic compensation for voluntary resignation, if the company dismisses you for this reason, it is an illegal termination of the labor contract. The company may be required to pay severance and the employment contract may be continued.
Resignation and dismissal are two completely different things, and they have a great deal to do with your future rights protection, so it is recommended to be cautious. Secondly, if you are unable to return to work in time due to objective reasons, I think it is illegal and unreasonable for the company to dismiss you, of course, it also depends on the specific situation of your work and whether the company has notified you in advance.
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Summary. Hello, if the employee is unable to work for a period of time without work-related injury or illness, or is proved to be ineligible for employment during the probationary period, or the employee is not competent for the job, and is still incompetent for the job after training or job adjustment, or violates laws and regulations, the employer may terminate the labor contract in accordance with the relevant laws and regulations. And if an employee is fired for violating laws and regulations, there is generally no financial compensation.
I went to work in the factory for a day or two. He was resigned for some reason.
Hello, if the employee is unable to work for a period of time without work-related injury or wandering disease, or is proved to be unqualified for employment during the probationary period, or the employee is not qualified for the job, and is still incompetent for the job after training or job adjustment, or violates laws and regulations, the employer may terminate the labor contract in accordance with the relevant laws and regulations. And if an employee is fired for violating laws and regulations, there is generally no financial compensation.
Legal basis: The Labor Contract Law of the People's Republic of China stipulates that the employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that he does not meet the conditions for employment during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) Where a worker simultaneously establishes a labor relationship with another employer, causing a serious impact on the completion of the work tasks of the unit, 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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After completing the resignation formalities in accordance with the law, the employer must issue a certificate of termination of the labor contract (i.e., a resignation certificate), and the employee's salary, deposit and economic compensation must be settled. The employer shall not arbitrarily deduct or default, and the parties concerned may request settlement when going through the resignation formalities. Otherwise, the parties concerned can go to the labor bureau to complain or report the employer's violations of laws and regulations.
When both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when dissolving or terminating the labor contract.
According to the "Interim Provisions on the Payment of Wages", it is called.
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
In accordance with the provisions of the Labor Contract Law of the People's Republic of China.
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 and compensation to a worker 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 85 In any of the following circumstances, the labor administrative department shall order an 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 economic compensation to the worker in accordance with these Regulations.
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According to the management regulations, it is okay to submit in writing 30 days in advance, without the approval and consent of the unit, you can ask for leave and leave, go back and mail the notice of termination of the labor contract, and keep the mailing voucher.
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.
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Written resignation, leaving evidence.
Gone after 30 days.
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The general situation is 30 days in advance. As long as your mother can prove that she resigned 30 days in advance, then after 30 days, she can leave normally regardless of whether she has hired someone or not.
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Well, the mother can submit his resignation to the factory 30 in advance according to the labor law, and wait for 30 when he arrives at the house, if he still does not approve it, he can say hello and leave.
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Can you not repeat your question? I've already asked two or three articles. It's been answered, you're still so entangled. Factory rules cannot violate the law, you have to rely on the law, not the factory rules that violate the law.
1. The law does not stipulate that the resignation of an employee must be approved by the company before leaving, and the employee can leave when he or she is notified of his resignation in advance, and the specific operation can refer to the second point.
2. If the probationary period is to notify the employer three days in advance; After the trial period, one month's notice.
3. The notification method can be through mobile phone text message, etc., and it is recommended to send a written notice to the company's address by mail, and the recipient should write the legal representative, or the person in charge of the personnel department.
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Legal Analysis: 30 days' notice is generally required. If the company terminates the labor contract in accordance with Article 40 of the Labor Contract Law of the People's Republic of China, it needs to notify the employee 30 days in advance, otherwise it needs to pay the employee an additional month's salary as notice in lieu of notice. >>>More
First understand how the labor law stipulates, how much you need to be compensated according to the normal needs, according to your state should be n + 1 month of salary, n is the number of years of work, according to the current state, you will definitely not pay social security, and then communicate with the company to convert social security into cash compensation to you, if it is not appropriate, labor arbitration, business.