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If you want to resign after three days of employment, you must apply in writing to the unit for resignation three days in advance, or negotiate with the unit with the consent of the unit, or if the unit has violated the law, the parties can leave their jobs. It is illegal for a unit to deliberately make it difficult for a person to leave his job, and he or she may appeal to the labor administrative department.
The employee may terminate the labor contract under 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. Other circumstances under which the employee may terminate the labor contract as stipulated 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 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 17 The labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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Legal analysis: As long as you have gone through the entry procedures, you need to go through the resignation procedures.
No matter how long you have been hired, even if you have only been employed for one day, if you leave your job, you will need to go through the relevant resignation procedures. If it is not handled respectfully, it will not only cause confusion in the personnel management of the enterprise, but also may cause disputes in the later stage because of the resignation procedures for the resignation personnel.
In order to avoid unnecessary troubles in the future, it is recommended to go through the resignation procedures.
Legal basis: Labor Contract Law of the People's Republic of China Article 40 If an employer falls under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;
3) 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 consultation.
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Legal analysis: If you sign a labor contract on the first day of work, and if you want to resign after three days, you can't leave immediately according to the regulations, and you need to notify the employer three days in advance during the probationary period, and you need to inform the employer 30 days in advance after the probationary period. Unless the employer violates laws and regulations, the employment contract can be terminated immediately.
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 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with 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 in which the labor contract may be terminated as provided by laws and administrative regulations.
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