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Anonymous users2024-02-15It stands to reason that the labor handbook should be returned to you on the day of resignation procedures, fill in the start and end dates on it, and stamp it. The withdrawal form (resignation certificate) should also be filled out for you on the spot. Now you have to go to the company's HR person or boss to get the labor handbook.
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Anonymous users2024-02-14The labor manual after resignation during the probationary period is handled as follows:
1. The labor handbook shall be returned to you on the day of resignation with the start and end dates filled in and stamped on the same day.
2. Resignation during the probationary period only requires three days' written notice to the employer.
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Anonymous users2024-02-13According to the Labor Contract Law, the probationary period should be within the labor contract period, and the employer should record the start date in the labor handbook from the beginning of formally signing the labor contract with you, unless the employer only orally agrees with you on the probationary period and does not formally sign the labor contract (which is obviously illegal).
If you resign during the probationary period, you need to resign 3 days in advance.
After the termination of the labor contract, the wages shall be paid at the time of handover procedures, and the labor manual shall be refunded within 15 days.
If the employer does not go through the termination procedures in accordance with the regulations, you can appeal to the local labor inspection department, which may order the unit to make corrections or impose a fine.
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Anonymous users2024-02-12Legal analysis: If you resign during the probation period, you cannot get back the original resignation certificate of the company.
Legal basis: Labor Contract Law of the People's Republic of China
Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
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Anonymous users2024-02-11Legal analysis: You can get the resignation order and labor handbook within 15 days after leaving the company. In practice, on the day of resignation procedures, the unit will hand over the work order and labor handbook to the employee.
According to the relevant laws and regulations, the employer shall handle the transfer of employee files, social security and other relationships within 15 days of the employee's resignation at the latest.
Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China 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 the insurance relationship of the social society within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.
If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall fail to pay the compensation when the work is handed over to the employee. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
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Anonymous users2024-02-10Within fifteen days.
According to Article 50 of the Labor Contract Law, 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.
It takes time for the company to help you apply for social security suspension, but it is legally required to be completed within 15 days. You tell your previous boss that if you don't complete the application within 15 days, it will affect your continued employment and you will be liable for compensation.
According to Article 89 of the Labor Contract Law, if the employer fails to issue a written certificate of dissolution or termination of the labor contract to the employee in violation of the provisions of this Law, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.
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Anonymous users2024-02-09There will be no record in the labor handbook, only a stamp will be affixed to the certificate of termination of the contract.
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Anonymous users2024-02-08The labor handbook only records the start and end dates of the contract signed between the employee and the company, and stamps the company's official seal (or contract seal), but does not record the job position, reason for resignation, etc.
Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate the 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.
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Anonymous users2024-02-07What is a labor handbook?
The labor law stipulates that during the probationary period, as long as you resign three days in advance, you can leave.
If he doesn't allow you to go, then his probationary contract violates the law and is invalid or partially invalid.
It also depends on the specific content of the probationary contract.
Don't you sign a contract without reading the contents?
The probationary period is submitted in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation formalities, and the employee may terminate the 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.
Nowadays, some unscrupulous bosses deliberately set up "probationary traps" to harm migrant workers, and migrant workers often "eat coptis chinensis and have a hard time talking" because they are not clear or ignorant of the rights and interests of the probationary period, so that their rights and interests are damaged. Therefore, it is important for part-time workers to remember their main rights and interests during the probationary period. >>>More
There is no contract, and this matter is not easy to solve, because you are not said to have tried it out in this hotel for a week. If you can prove that they admit that you have been on probation for a week, then you can ask the hotel to give you a proper salary, because the probationary period is paid, but the salary is not high, and it is not lower than the minimum staff wage of the hotel. >>>More
You can ask your boss to write an IOU.
If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences. >>>More
1. All kinds of fresh graduates who are directly hired by the unit through social recruitment shall be issued by the employing unit with the notice issued by the school and one 2-inch ID photo of the hired person to the employment agency affiliated to the labor and social security department of the district or county when going through the employment registration procedures. >>>More