Can an employee who resigns more than a month after the expiration of the labor contract ask for dou

Is it to be fired or to resign If you resign, you are really crazy about money.

Can an employee ask for double pay if he resigns?

If you have worked in the company for three years and have not signed a labor contract, you can apply for double wages. The calculation of double wages shall be based on the actual wages, and the part of the wages paid shall be deducted. The employee can claim double the salary for the part of the employee who has not signed the labor contract for more than one month but less than one year, and the maximum amount of salary is 11 months.

Legal basis: Article 10 of the Labor Contract Law.

To establish a labor relationship, a written labor contract shall be concluded. 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 82.

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

If you leave the company without signing a labor contract, you can claim double compensation; As long as the employer does not sign a written labor contract for more than one month from the date of employment, it needs to bear the corresponding compensation liability, but it also needs to notify the employer 30 days in advance of early resignation.

1. Can I claim double compensation if I leave my job without signing a labor contract?

If you have not signed an employment contract, you can claim double wages from the second month of work to one year, which is generally calculated as 11 months' wages, and you can also claim 1 month's salary as severance for terminating the contract.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. 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. The specific criteria are as follows:

1. Calculation standard of the number of years: according to the number of years of service of the worker in the unit, the standard of one month's salary 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; If it is less than six months, economic compensation of half a month's salary shall be paid.

2. The compensation period (12 years) is no longer limited

3. Wage calculation base: refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract. Here, the wages of the bank CITIC refer to the wages due to the workers, which generally include:

Hourly wages, piece-rate wages, bonuses, allowances and allowances, overtime pay, wages paid in exceptional circumstances.

2. What are the circumstances under which an employee can terminate the contract?

An employee may terminate an employment contract under the following circumstances:

1) The employer fails to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) The employer fails to pay labor remuneration in full and in a timely manner;

3) The employer fails to pay social insurance premiums for the worker 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 Paragraph 1 of Article 26 of the Labor Contract Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

3. What are the circumstances under which a unit that uses a front-wheel person can terminate a labor contract?

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

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

(4) The worker is established at the same time with another employer, which has 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 fault of the employee;

6) Those who have been pursued for criminal responsibility in accordance with law.

In summary, choosing to leave the company without signing a labor contract also needs to be in accordance with the terms stipulated in the law, and at the same time, you can also claim economic compensation for not signing a labor contract at the time of divorce.