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Going through the resignation procedures is nothing more than going back to the original unit to settle the salary, issuing it to you in cash or punch card, and signing the documents to terminate the labor contract relationship with the company, if there are some original documents seized, remember to come back, and the copy may not be given to you because the Ministry of Manpower wants to archive, but it is not a big deal You said that the internship in the new unit, I don't know if you are an internship or an internship, if it is an internship, it will definitely not give you insurance, if it is a probation, According to the provisions of the national labor law, it should be given to you according to a certain base from the month of entry procedures, if you have to wait for three months later, then you can ask for the previous insurance to be paid, of course, you may cause some trouble in this way, which will affect your work here, the file problem is not a big problem, and when the new company can receive your file and then handle the transfer on the line, but in the period when you go through the resignation procedures from the original company until your new company receives your file, The filing fee may need to be paid by yourself When you go to a new company, remember to sign a labor contract, otherwise you will have to fight any problems in the future, if you do not sign within a month, you can ask the company to pay you double your salary from the second month If the company does not sign with you, then you had better find a new place
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Are your files and organizational relationships in the same organization?
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You have an employment contract with Company A, and you are still within the term of the employment contract, and if you want to resign, you must first negotiate with the leadership of Company A, and if you reach a consensus, you can leave the company smoothly. If Company A does not approve it, that is, if you cannot reach a consensus, you can only resign in accordance with the legal procedures, that is, according to Article 37 of the Labor Contract Law, the employee can terminate the labor contract by notifying the employer in writing 30 days in advance.
It is recommended that you negotiate with the leader of the unit, if there is really no way to reach a consensus, you can only follow the legal procedures.
If you forcibly resign, Company A can demand compensation if it causes losses to Company A. If you forcibly resign, your social insurance and other procedures are estimated to be handled by Company A.
Or you negotiate with Company B and ask Company B if you can give a grace period of time, after all, I haven't gone through the resignation procedures yet.
If you submit a written resignation application to Company A 30 days in advance, and then you ask for leave to work in Company B, I feel that this method is not appropriate, because as long as you join Company B, you will have to apply for social insurance, and then you will find that you have not terminated the employment contract with Company A, then it will be troublesome.
Unless Company B agrees not to go through other formalities for you first, it will handle it for you after you and Company A terminate the labor contract.
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As long as Company B is willing to pay you a default fee, that's fine.
So you call ** to go to company B, explain the situation to them, and then let company B come forward to solve it.
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Submit your resignation first, and then negotiate with Company A whether you can leave early, and try to cooperate with the work of Company A to reduce the impact on the work of the original company.
If it really doesn't work, you can leave Company B when you need it. In this case, Company A may seize your files and insurance. At this time, you can go to the labor arbitration unit in Wuxi and ask the unit to go through the procedures for the transfer of files and social insurance.
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The previous netizens have answered more completely, and I will add a note to you.
There have been cases where when you have gone through the resignation procedures of Company A, and when you report to Company B, Company B says that it has found a more suitable candidate. Let job seekers cry without tears.
In order to prevent such things from happening, it is recommended that you ask Company B to send you a formal "Employment Letter", which is equivalent to an invitation from Company B, and if Company B releases your pigeon at that time, you can sue him, which has legal effect. If you don't have an offer letter and company B releases your pigeons, you can only consider yourself unlucky.
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There are several ways for employees to resign: first, the contract expires and the employee does not renew it; the second is to negotiate and dissolve; Third, the employee shall be terminated at any time due to the employer's illegal employment or failure to perform in accordance with the labor contract; Fourth, the employee can terminate the employee by notifying the employer 30 days in advance (3 days in advance of the probationary period). Either way, I think you should pay attention to these aspects:
1.Should the employer give you severance payments? If the employer has not violated the law and there is no failure to perform the labor contract, you will terminate the labor contract without economic compensation.
2.Understand your own "five insurances and one housing fund" payment situation, and after terminating the labor contract, the original employer should give you a "social insurance transfer transfer card".
3.After the termination of the labor contract, the employer shall issue a certificate of termination of the labor contract to you, which shall be presented to the new employer to prove that there is no other employment relationship;
4.If the housing provident fund is transferred by the unit.
5.If the file is in company A, it can be transferred to the new employer or to the local talent center (if you are a college graduate).
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According to the provisions of the Labor Contract Law, the employer shall transfer the relevant procedures 15 days after the handover formalities.
Lawyer Cao Chunlei.
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Please contact the relevant department, but it seems that you cannot get it.
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You can ask for resignation procedures, but Min Qing is housing provident fund can't be taken, can only be sealed, and when you find a new unit, you can transfer it. At present, the withdrawal of the provident fund can only be applied for when the mortgage is repaid or renovated, and the general resignation cannot be withdrawn, and only when the company lays off employees, employees can withdraw it.
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Hello, you can ask the Medical Year Gaoshan Hospital to go through the resignation procedures, if the hospital does not handle it, you can apply for labor arbitration.
Zongheng Nianshen Legal Network-Beijing Guotao Huzhong Law Firm-Lu Zhihong lawyer.
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To apply for labor arbitration, it is recommended that you take a look at the new labor law after 2008, which has detailed provisions.
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First, the law gives employees the right to resign, of course, you can resign, although the provision should be 30 days in advance, but there is no provision on what kind of responsibility should be borne if not 30 days in advance. The problem is that you have already written your resignation report in advance, fulfilled your obligation to give advance notice, and of course you can leave the unit at any time. If you terminate the employment contract on your own, the employer will not pay severance compensation.
Second, your salary, the company can't give you a penny less, because you provide normal labor.
Third, the unit should pay overtime pay in accordance with the provisions of the law.
If the employer deducts wages (including overtime wages) or fails to pay social security premiums in accordance with the law, you can terminate the employment contract at any time without 30 days' notice. You can apply for labor arbitration and ask the employer to pay back overtime pay and wages, and pay economic compensation.
If the employer fails to pay social security premiums in accordance with the law, you can also file a complaint with the local labor inspection brigade and ask the employer to pay the arrears.
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 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.
Article 47 Economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the worker's position. 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" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards:
1) Where a worker is arranged to work for an extended period of time, the employee shall be paid a wage remuneration of not less than 150 percent of the wage;
2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;
3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
I wish you a speedy ride from your worries! Have a great weekend!
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The employee may terminate the labor contract by giving 30 days' written notice to the employer. During the period when the worker provides labor, the employer shall pay the wages and remuneration. If you work until June 30th, you should be paid for 30 days of June God's skin.
The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall, in accordance with the agreement between the two parties, handle the handover of work and return the goods of the unit to the unit. If the employer shall pay severance to the employee, it shall be paid at the time of the handover of the work. >>>More
If the unit does not issue a resignation certificate, it may appeal or make a complaint to the labor inspection department. Article 50 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. >>>More
You should not take the initiative to terminate the employment contract, otherwise there will be no financial compensation. If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time without receiving a formal written notice (with the official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily. >>>More
1. If the labor contract has not expired, it is necessary to submit a written resignation application and an application for termination of the labor contract to the department leader one month in advance, and report to the human resources department after the department leader signs the opinion. 2. The human resources department shall report to the department level by level, and after the approval of the general manager and the chairman, the human resources department shall notify the department leaders to arrange the work handover. 3. Employees need to hand over in turn according to the contents of the "Departing Employee Handover Formalities", "Work Handover Schedule" and "Item Handover Sheet", and after the Finance Department settles the loan, the handover is deemed to be completed after the handover is signed and confirmed by both parties and department leaders. >>>More
If you do not follow the normal procedures, you are at fault, and the company will not compensate you. >>>More