Can voluntary resignation claim financial compensation 20

Article 32 of the Labor Law: If the employer fails to pay labor remuneration in accordance with the provisions of the labor contract, the employee may terminate the labor contract at any time by notifying the employer.

According to Article 40 of the Provisions on the Implementation of the Labor Contract System in Tianjin, if the employee resigns in such a case, the employer shall pay the employee a compensation equivalent to one month's salary (calculated on the basis of the average monthly salary of the employee in the 12 months preceding the termination of the labor contract) for each full year of the employee's service in the employer.

The employer shall also pay compensation if the employee resigns under the following two circumstances: 1. The employer forces labor by means of violence, threat or illegal restriction of personal freedom. 2. The employer violates the relevant regulations of the state and the city, and the labor safety and health conditions are poor, endangering the health of the workers.

Probably not.

Because you resigned voluntarily.

Of course not, I have the same plan as you, but I will also be deducted from my salary.

In my opinion, there is nothing wrong with your company's approach.

It seems like it can't! Consult the labor department!

The key is to be clear about your reasons for voluntarily quitting.

That's an easy question.

I think the company is right. Because you are asking for it. If it's a dismissal from the company, I think it's okay.

I think it should be given.

In the following circumstances, the employee may also apply for economic compensation if he or he voluntarily resigns. First, there are hidden safety hazards in the working environment, and the unit does not provide labor protection. Second, the salary is lower than the local minimum wage.

3. Failure to pay social security for workers in accordance with the law. Fourth, the payment of wages to workers in full and in a timely manner was not paid. Fifth, the rules and regulations of the employer are illegal.

Whether or not a voluntary resignation can claim financial compensation should be determined according to the actual situation. In any of the following five circumstances, the employee can also apply for economic compensation if he or she voluntarily resigns, as follows:

1. There are potential safety hazards in the working environment, and the unit does not provide labor protection;

2. The salary is lower than the local minimum wage standard;

3. Failure to pay social security for workers in accordance with the law;

4. Failure to pay workers' remuneration in full and in a timely manner;

5. The rules and regulations of the employer are illegal.

Labor Contract Law of the People's Republic of China

Article 46.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract with the employee in accordance with the provisions of Article 36 of this Law and agrees to terminate the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative laws.

Legal analysis: In the following circumstances, the employee can also apply for economic compensation if he or she voluntarily resigns. First, there are potential safety hazards in the working environment, and the unit does not provide labor protection.

Second, the salary is lower than the local minimum wage. 3. Failure to pay social security for workers in accordance with the law. Fourth, the remuneration of workers was not paid in full and in a timely manner.

Fifth, the rules and regulations of the employer are illegal.

Legal basis: Article 4 of the Labor Contract Law of the People's Republic of China Article 16 In any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) Where the employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law, and reaches an agreement with the employee through consultation, the labor contract is terminated;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

In the following circumstances, the employee may also apply for economic compensation if he or she voluntarily resigns. First, there are potential safety hazards in the working environment, and the unit does not provide labor protection. Second, the salary is lower than the local minimum wage.

3. Failure to pay social security for workers in accordance with the law. Fourth, the remuneration of workers was not paid in full and in a timely manner. Fifth, the rules and regulations of the employer are illegal.

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. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls 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 those who are closed to labor;

5) Due to Article 26 of this Law.

The labor contract is invalid due to the circumstances specified in the first paragraph;

6) Other circumstances in which laws and administrative regulations provide that a worker may terminate a contract that has not been terminated.

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.

Legal Analysis: There is no compensation for the voluntary resignation of the general employee, except for those who are forced to resign. If the company fails to help the employee pay social insurance, or fails to pay wages in full and on time, or fails to provide working conditions or labor protection, the employee may be forced to resign on this basis and request the company to pay the severance of the forced resignation.

The standard of economic compensation is as follows: one month's salary is paid to the worker for each full year, and if the employee has worked for more than six months but less than one year, it will be calculated as one year.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; 3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; 4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; 5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract; 6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; 7) Other circumstances provided for by laws and administrative regulations.