-
First, in accordance with the provisions of Article 37 of the Labor Contract Law, the employer shall be notified 30 days in advance (3 days of probationary period) without the approval of the employer. However, the employer is not liable for economic compensation;
Second, the termination of the labor contract in accordance with Article 38 of the Labor Contract Law does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.
Labor Contract Law of the People's Republic of China.
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.
-
You go on your own, and the compensation is minimal.
-
Voluntarily resigning is definitely not okay.
-
Workers do not receive severance payments. If the employee unilaterally submits his or her written resignation to the company, the company does not pay severance according to Article 1 of the Labor Law.
-
Summary. Hello dear! Now for you to answer <>
Do employees who have resigned for many years still need to have economic compensation: There is no financial compensation, and employees who have resigned for more than ten years do not need to be compensated, but they are dismissed, and they need to be compensated for economic compensation. Severance is generally calculated according to the length of time the employee has worked for the employer, and the standard is one month's salary for each year of work.
Compensation for less than one year and half a year will be paid for one month; If it is less than six months, half a month's salary shall be compensated.
Do employees who have resigned for many years still need to have financial compensation?
Hello dear! Now for you to answer <>
Do employees who have resigned for many years still need to have economic compensation: There is no compensation for the first compensation of the Jin family, and there is no compensation for employees who have resigned for more than ten years, but they are dismissed, and they need to be compensated for economic compensation. Severance is generally calculated based on the length of time the employee has worked for the employer, and the standard is one trillion months of wages for each year of service.
Compensation for less than one year and half a year will be paid for one month; If it is less than six months, half a month's salary shall be compensated.
Legal basis: Article 4 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the standard of paying a monthly salary for each full year of the employee's service in the unit. 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.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. For the purposes of this Article, the term "wages of the Moonsparrow" refers to the average wages of the employee in the 12 months prior to the termination or dissolution of the labor contract.
Even this employee has not been in the school for many years, because he has not bought a contract before, and he has not signed a contract, can he still ask the school to pay compensation?
Can't ask for it. Is there a legal basis for this?
I didn't sign a contract, and I didn't know there was insurance.
Because I didn't sign a contract and didn't buy insurance.
Good. Legal basis: Article 30 of the Labor Contract Law stipulates that the employer shall, in accordance with the provisions of the labor contract and national regulations, pay the labor remuneration to the labor driver in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
This word is too technical, that is, is there any compensation in the end? Do I still need to make up social security?
Didn't your school give you back social security?
-
Summary. Employees who voluntarily resign generally do not have financial compensation. However, if the employer is at fault and the employee resigns, the employee may claim economic compensation from the employer.
Under any of the following circumstances, the employee may terminate the labor contract and claim economic compensation: failing to provide labor protection or working conditions in accordance with the labor contract; Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers in accordance with the law.
Employees who voluntarily resign generally do not have financial compensation. However, if the employer is at fault and causes the employee to resign, the employee may request economic compensation from the employer. Under any of the following circumstances, the employee may terminate the labor contract and claim economic compensation:
Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers who are suspected of being premature in accordance with the law.
Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China [Calculation of Compensation for Economic Compensation] Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit. 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.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" as used in this article refers to the average wage of an employee in the 12 months prior to the termination or termination of the contract.
What is the situation?
-
Legal analysis: 1. There is no economic compensation for voluntary resignation; 2. Of course, if the employer fails to comply with the agreement or harms the rights and interests of the employee, the employee can leave at any time and may demand the payment of economic compensation. 3. If the employer has evidence to prove that the behavior of the worker violates the relevant laws and regulations, the employer can directly dismiss the employee, and there is no need to pay any economic compensation or compensation.
Legal basis: Labor Contract Law of the People's Republic of China
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 violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements 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) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
I think I can stand on my own, since I have learned this technique for so long, I must have a lot of experience, and since my own conditions are so good, it should not be a problem to stand on my own. >>>More
It is estimated that the strength of the company is comparable, which is why you ask this question. If the strength of the company is good, the problem mentioned upstairs is similar to the situation of the two companies, I personally think. >>>More
There is no subsidy for voluntary resignation. There is compensation for dismissal without fault, and there is no compensation for dismissal for mistakes. If a very serious mistake is made and causes significant losses to the company, the company may dismiss the employee in accordance with the law and require the employee to compensate the company for the loss.
In fact, you still have a lot of growth, but you don't pay attention to yourself or you set too high goals for yourself. For example, your growth includes: >>>More
The employer cannot dismiss the employee during the medical treatment period, and the employer shall pay the employee medical subsidies and compensation for dismissal during the medical treatment period. >>>More