-
Not necessarily, note:
If the employee voluntarily resigns, the employer may not pay severance payment. However, this provision cannot be applied uniformly, because if the employer breaches the contract and the employee is forced to resign, the employer is not only not exempted from the obligation to pay severance payments, but also has the obligation to compensate accordingly.
The relevant legal provisions are extracted from the 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.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
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 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.
-
There will be no compensation for voluntary resignation. According to Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee under any of the following circumstances:
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 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.
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;
-
If there is no compensation, Article 46 In any of the following circumstances, the employer shall pay economic compensation to the worker:
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 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.
Your situation does not meet the above requirements.
-
If the voluntary resignation unit is not at fault, there is no financial compensation.
-
The company violated the relevant labor security laws and regulations.
Article 10 A written labor contract shall be concluded for the establishment of labor relations.
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.
If the contract is not renewed due to expiration, the enterprise should pay double wages.
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
-
After the establishment of the labor relationship, the enterprise shall sign a labor contract with the employee for reasons other than those of the employee, otherwise it shall pay double wages; After the expiration of the labor contract, if the two parties do not sign a new labor contract, it is deemed to have signed an indefinite labor contract. The situation you mentioned should be that you have signed an indefinite-term labor contract, and you apply for resignation by yourself, according to the indefinite-term labor contract, the company has no violations.
-
If it is illegal, the employment must have a contract and report to the local labor bureau for the record.
What about your tarot cards? You use tarot cards as fortune telling, right? >>>More
Gregorian calendar: August 13, 2011 at 13:16.
Lunar calendar: July 14, 2011. >>>More
Taxes apply. You need to do the notarization of the will and inheritance first, and then go to the real estate transaction center to handle the real estate inheritance transfer. When handling the application, you must submit your ID card, certificate of real estate right (original), notarial certificate of will and notarial certificate of acceptance of bequest (original), and certificate of tax payment of deed tax (original). >>>More
Date of birth: (Gregorian calendar) December 12, 2010 12:15 This life five elements Mu Wang; The sun is the main stem of the fire; There must be soil help, but there is too much money. >>>More
Seven killings, the god of food, the lord of the sun, and the tribulation. >>>More