Can you resign if you don t get to the contract 25

Resignation is required 30 days in advance.

Leaders do not have the right not to approve, they must agree.

And there is no right to deduct your wages.

There are only two cases involving liquidated damages, non-compete and training fees, and in your case, these two points should not be involved, so there is no need to pay liquidated damages.

If the leader does not agree, or deducts your salary, you can report it to the labor department, and it will support you.

Reference: Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period. If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality of the employer. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations. After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years.

Article 25.

Except for the circumstances provided for in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages.

The employee must give the company one month's notice of resignation, and after one month you can leave without any liability. It is legal to give one month's notice.

If the boss can't wait to kick you out, you will need to pay an additional month's salary.

You can resign, but you may not be able to leave your job when the contract expires, and the labor department stipulates that as long as you submit a letter of resignation, you can leave your job after a month at most.

It is possible to apply for resignation, however, attention should be paid to the method. 1: If the company's leaders do not approve, how can you prove that you have applied in writing 30 days in advance?

Since you don't want to do it, then use a third party to prove that you have applied to the company in writing to leave the company. Express delivery, this is a good method, but the company will immediately call you away when it receives your express. Or garnishing your wages, which is unpredictable.

2: If the company infringes on the legitimate rights and interests of the employee, the employee can resign immediately. A written application is not required, and if a dispute arises, it shall be handled in accordance with the facts of the labor dispute.

If the company has committed any wrongful acts, including failure to buy social insurance, forced overtime, wage deduction, and other rules and regulations that infringe on the rights and interests of employees, employees have the right to immediately terminate the labor contract and receive compensation in accordance with the law.

Analysis of the high judgment of the law: Yes. It is the right of the employee to resign, and the employee can resign before the expiration of the labor contract. However, 30 days' notice is required, and three days' notice is required for the probationary period, and the employer shall be notified in writing.

Legal basis: Labor Contract Law of the People's Republic of China on Hail Rush

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 provided for 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.

It is possible to resign after signing a labor contract, generally in the following ways:

1. The employee and the employer negotiate to terminate the labor contract.

2. Notify the unit in writing 30 days in advance, and formally terminate the labor contract relationship between the two parties after 30 days.

3. If the employer violates the law, the employee can unilaterally terminate the contract with immediate effect. Except for the resignation of the employee during the probationary period, he or she can claim severance from the unit for terminating the contract.

As for the issue of liquidated damages, there are generally only two situations in which an enterprise can claim compensation from the employee:

1. If the employee violates the service period of the special technical training agreed in the contract, he or she shall pay liquidated damages to the employer in accordance with the contract book.

2. If the employee violates the non-compete agreement, he or she shall pay liquidated damages to the employer in accordance with the agreement. Liquidated damages cannot be deducted for resignation during the probationary period.

If the company has not signed a labor contract, the employee can resign according to the following methods:

1. The employee resigns by consensus with the company. And after the two parties reach an agreement, the employee can leave at any time, without the time limit of 30 days.

2. If the employee and the company do not negotiate or do not agree with the negotiation, the employee can notify the company in writing 30 days in advance, and regardless of whether the company agrees to resign, as long as the notice is in this way, he can resign.

3. If the company forces employees to work by means of violence, threats or illegal restrictions on personal freedom, or if the company violates rules and regulations, forces risky operations or even endangers the personal safety of employees, then employees can resign immediately without negotiation or notice.

Finally, when an employee who has not signed a labor contract resigns, in addition to the smooth termination of the labor contract, because the company violates the law and does not sign a labor contract, the employee can claim double the salary compensation when resigning.

1. What are the conditions for forced resignation?

The conditions that need to be met to be forced to leave the company are as follows:

1. The employer forces the worker to work by means of violence, threat or illegal restriction of personal freedom;

2. If the employer violates rules and regulations and forces risky operations to endanger the personal safety of the employee, the employee may terminate the labor contract immediately without prior notice to the employer;

3. If the company changes the main content of the labor contract without negotiation, suspends wages, suspends social insurance, etc., and causes employees to be forced to resign, it is a forced resignation;

4. Refusal to pay wages and remuneration for extended working hours;

5. The wages of workers are paid below the local minimum wage standard.

Forced resignation refers to the company's illegal employment situation, and the employee unilaterally terminates the labor contract, including failure to pay labor remuneration in full, failure to pay social security in accordance with the law, violation of rules and regulations, illegal command and forced risk, etc., and the forced resignation employee can request the company to pay economic compensation.

2. Is it a breach of contract for an employee to resign during the contract period?

Whether an employee's resignation during the term of the contract is considered a breach of contract depends on the following:

1. If you are still in the probation period, you can submit an application for resignation at any time and notify the employer to terminate the labor contract, which is not considered a breach of contract;

2. If there is a consensus with the employer on the resignation application of the employer, the labor contract can be terminated, and it is not considered a breach of contract;

3. If the employer does not agree to resign, that is, it insists on resigning because it cannot reach a consensus with the employer and the resignation application, it is a breach of contract.

If an employee violates the service period and fails to notify the employer of his resignation 30 days in advance, he or she shall pay liquidated damages to the company. If the company provides special training expenses for employees and provides them with professional and technical training, it shall enter into an agreement with the employees, and after the service period is agreed, if the employee resigns in violation of the agreement, he or she shall pay liquidated damages. In addition, in the case of compensation for liquidated damages, the amount of liquidated damages shall not exceed the training expenses provided by the Company and the training expenses that should be apportioned for the unfulfilled part of the service period.

Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an 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.