What to do if a worker wants to quit his job before he or she has completed a month of probationary

Article 25 of the Labor Law stipulates that an employer may terminate a labor contract if an employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

Article 28 of the Labor Law stipulates that if an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall provide economic compensation in accordance with the relevant provisions of the State.

Article 28 does not include article 25. Therefore, during the probationary period, both the enterprise and the employee can terminate the employment contract at any time without paying compensation.

Although your employer has not signed a contract, it is regarded as a de facto labor relationship, and the above provisions are also implemented.

Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

When a worker resigns after the probationary period has not completed one month, the regulations do not specifically stipulate it, and the labor department generally pays the daily wage according to the calculation and payment of the working day.

Good luck.

Give it by the number of days, the probationary period, anyway, I didn't sign a contract, and I couldn't do it for a month without giving you money.

This problem too! The company dragged on, the fire was big, and the contract was not signed Hey.

More than seven days are counted as normal working days, and many companies with less than seven days will not pay salaries.

Summary. Hello! I'm a professional in the workplace!

More than 20 years of work experience, I am happy to answer for you!! There is a salary! If the probationary period is less than one month, you will be paid if you leave the job!

During the probationary period, the salary of a worker shall not be less than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract. According to Article 20 of the Labor Contract Law of the People's Republic of China, the salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

There is no contract, and I left my job suddenly yesterday, and I said that I would not be able to settle the salary, and I would not give it a probationary period of 3 days from the 8th.

Hello! I'm a professional in the workplace! More than 20 years of work experience, I am happy to answer for you!!

There is a salary! If the probationary period is less than one month, you will be paid if you leave the job! The salary of the worker during the probationary period shall not be less than 80% of the minimum wage of the same position in the unit or the salary set in the labor contract.

According to Article 20 of the Contract Law of the People's Republic of China, the salary of an employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Gotta give! You can ask for it!

You get paid for your work.

Is it right to go to labor arbitration?

If you don't give it, go to labor arbitration!

Summary. Hello, legal analysis: probationary period of work less than a month to leave the job:

If the employee can resign, the employee can resign after working for less than one month during the probationary period, and if the employee resigns during the probationary period, he only needs to notify the employer three days in advance to terminate the labor relationship.

Is this legitimate.

Hello, legal analysis: if the probationary period is less than one month of resignation: the employee can resign, the employee can resign by himself if the work is less than one month during the probationary period, and the employee resigns during the probationary period, only three days in advance notice of the employer can be terminated.

Legal basis: Article 20 of the Labor Contract Law of the People's Republic of China The salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. Article 9 of the Interim Provisions on Payment of Wages Article 9 When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the wages of the labor base in a lump sum when dissolving or terminating the labor contract.

Legal. The probationary period requires 3 days' notice.

Legal analysis: The employee may terminate the labor contract if he notifies the employer three days in advance during the probationary period.

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be less than 80% of the minimum wage for the same position or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

If the employee resigns after the probationary period of one month, the employer shall pay the employee the wages due in accordance with the provisions or agreements of the labor contract.

According to Article 6 of the Interim Provisions on Payment of Wages, the employer shall pay the wages to the employee himself/herself. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf. The employer may entrust the bank to pay the wages on behalf of the employer.

The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages.

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.

You can resign after one month of probation, but you should notify the employer three days in advance to apply for resignation, otherwise you need to bear the liability for compensation.

1. What to pay attention to when leaving the probationary period.

The precautions for leaving the company during the probationary period are as follows:

1. During the probationary period, the employee may notify the employer to terminate the labor contract at any time, without the consent of the employer;

2. During the probationary period, if the employee proposes to terminate the labor contract, there is no need to attach any conditions. The employer cannot require the employee to pay liquidated damages on the grounds stipulated in the contract.

1. General procedures for resignation and resignation:

1. Submit a resignation request 1 month in advance;

2. Actively communicate with the resigned employees;

3. The resignation application form shall be signed and approved by leaders at all levels;

4. The employee's resignation application is approved, and the resignation and handover procedures are handled.

2. The conditions for resignation are:

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.

In short, if the employee applies for resignation during the probationary period, the company may terminate the labor contract in advance, and the employer will require the employer to bear the liability for breach of contract, but in fact, if it does not belong to the situation that the employee is required to bear the liability for breach of contract as clearly stipulated in the law, then even if the employee requests to terminate the contract in advance, he does not need to bear the liability for breach of contract to the employer, but it is necessary to notify the employer a certain time in advance.

2. What should I do if the employee does not agree to resign.

If the employee submits his resignation and the company does not agree, the employee can submit the resignation report one month in advance, and can leave on his own after the expiration date, and if the employer refuses to pay wages, he or she can apply for labor arbitration. If the employer forces the employee to work by means of violence, threat or illegal restriction of personal freedom, or the employer violates rules and regulations and orders the employee to perform risky work and endangers the employee's personal safety, the employee's voluntary resignation is regarded as termination of the employment relationship in accordance with the provisions of Article 38, Paragraph 2 of the Labor Contract Law, and the employer may be required to pay economic compensation in accordance with Article 46 of the Labor Contract Law. Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment 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. On the date of expiration, they can leave by themselves. Submit an application for resignation (with written proof, with time, that is, a resignation letter in the usual sense), and you must keep the bottom, and you must have a signed certificate from your boss, or an email with time can also be used as proof.

If you don't need the approval of the leader, as long as the written notice is in place, you can leave when the time is up, and the company wants to settle the work, and you can't deduct wages on this ground.

Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee 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.