Do I have to accept a new job within 30 days of the dismissal notice?

If the employee is dismissed during the probationary period, the employer shall pay the salary and remuneration according to the labor provided by the employee, which shall be calculated from the date of establishment of the labor relationship between the employer and the employee to the date of dissolution or termination of the labor relationship. Article 9 of the Interim Provisions on Payment of Wages provides 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 a lump sum when dissolving or terminating the labor contract. Article 13 of the Regulations of Shenzhen Municipality on the Payment of Wages to Employees stipulates that if the labor relationship between the employer and the employee is dissolved or terminated in accordance with the law, the employer shall pay the wages for a period of no more than one month, and the employer shall pay the wages in a lump sum within three working days from the date of dissolution or termination of the labor relationship; Wages with a payment period of more than one month can be paid on an agreed payment date.

Article 14 The wages of employees shall be calculated and paid from the date on which the employer establishes the labor relationship with the employee to the date on which the labor relationship is dissolved or terminated. When the labor relationship is dissolved or terminated, the employee's monthly bonus, quarterly bonus, year-end bonus and other wages that have not yet been paid shall be calculated and paid according to the employee's actual working hours.

In accordance with Article 40 of the Labor Contract Law, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: (1) The employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent 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.

Be receptive. As long as you are dismissed from your previous job, you must obey the company's arrangement, because during this time, the salary package given to you by the company is unchanged.

Well, if a new job is arranged within 30 days of the dismissal notice, accept it, because well, dismissal, there is no way, so it is better to accept it.

I can accept the new job arrangement within 30 days of the dismissal notice, after all, you work in someone else's unit, and before you dismiss, you must accept any job arranged by the company unconditionally.

It depends on whether you like the new job or not, and accept it if you like it.

Legal analysis]: Thirty days' notice of dismissal still requires work. Specifically, the exercise of the right to notify Qi Peng 30 days in advance, but still to go to work, is a way to terminate with notice, because the right of termination is a right to take effect when the intention is served on the other party, and the termination with notice is the termination of the labor contract after 30 days, regardless of whether the other party agrees or not.

Therefore, after giving 30 days' notice, you should still actively go to work, otherwise it will be illegal to make trouble.

Legal basisArticle 14 of the Labor Contract Law of the People's Republic of China refers to a labor contract with no definite termination time agreed between the employer and the employee. The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation.

In any of the following circumstances, if a worker proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded unless the worker proposes to conclude a fixed-term labor contract: (1) the worker has worked for the employer for 10 consecutive years; (2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; (3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Legal analysis: Once an employee believes that the working conditions or work content of the employer are not suitable for him/her, he/she may terminate the employment contract by giving 3 days' notice to the employer. In addition, this "notice" does not require written form, and oral notification is also completely acceptable.

If an employee voluntarily resigns, the employer is not required to pay severance to the employee.

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 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 employees 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) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (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) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he seriously neglects his duties, engages in malpractice, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated for criminal liability in accordance with law.

Article 40 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:

(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment (3) the objective circumstances on which the labor contract is concluded have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

Legal analysis: According to the laws of my previous country, it is necessary to continue to work.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The repentant employee may terminate the labor contract if he notifies the employer three days before the probationary period.

Employers need to dismiss employees 30 days in advance.

The Labor Law stipulates that 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 incompetent 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.

From the above, it can be seen that the employer issuing the dismissal notice 30 days in advance is in accordance with the Labor Law, and there is no clear provision on whether the employer needs to continue working for 30 days, and the parties can agree on a date for going through the formalities.

The employee may apply for labor arbitration and demand the employer to pay compensation for illegal dismissal.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Legal basis

Article 39 of the Labor Contract Law of the People's Republic of China.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

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 establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

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