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Termination of the labor contract is a right granted to the employee by Article 37 of the Labor Contract Law, and if you want to terminate the labor contract, you do not need to apply to the employer and the employer will approve it. The termination of the employment contract is your decision, and you only need to notify the employer in accordance with the law and prove that you have notified it in writing, then the procedure for terminating the employment contract is in accordance with the provisions of the Labor Contract Law, and you will not be liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer falls under any of the circumstances described in Article 38 of the Employment Contract Law, you may also claim economic compensation in accordance with Article 46 of the Employment Contract Law.
After submitting the notice of termination of the labor contract, it does not matter whether it is approved or not, the key is to have someone sign for it as proof of the termination of the labor contract in accordance with the law, otherwise the bad unit will say that you have left the job voluntarily and have not submitted the resignation report, putting all the responsibility on you, and also finding an excuse for not paying your recent salary. If the employer does not pay your wages on the last day of work, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of wages and related economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.
1. I am .........If the employer infringes upon your legitimate rights and interests, it is better to state the reason so that it is convenient to present evidence later), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;
2. Please notify the company in writing (the notice must have a company seal, otherwise it is invalid) I hand over the work with someone on a certain day, if I do not receive a valid written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;
3. On the date of handover of work, please settle the salary and other related expenses stipulated in the Labor Contract Law in accordance with the provisions of Article 9 of the Interim Provisions on the Payment of Wages, and provide me with the certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).
For details of the time of payment of wages upon termination of the labor contract, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of the payment time of severance payments, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, additional compensation may be requested in accordance with the provisions of the Measures for Economic Compensation for Breach and Termination of Labor Contracts.
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According to the provisions of the Labor Contract Law, the contract can be terminated as long as the employer is notified three days in advance.
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During the probationary period, the employer can terminate the contract by notifying the employer 3 days in advance.
The probationary period is the period during which the employer and the employee check each other's suitability for each other. According to Article 37 and Article 39 (1) of the Labor Contract Law, during the probationary period, the employee may terminate the contract without the consent of the employer by notifying the employer 3 days in advance. If the employer has evidence to prove that the employee does not meet the employment requirements, it may terminate the contract.
The agreement of the labor contract to terminate the contract by giving 15 days' notice of the probationary period is illegal and invalid.
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Legal Analysis: Three Days in Advance. If the employer stipulates in the employment contract that the employee is required to notify the employer one month in advance during the probationary period, it is an invalid clause and is in conflict with the Labor Law.
Legal basis: 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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Legal analysis: three days in advance. If an employee resigns during the probationary period, he or she only needs to give three days' notice to the employer to terminate the employment relationship, and does not need to give 15 days in advance.
Legal basis: Civil Code of the People's Republic of China
Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
Article 563:The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.
1.It is illegal not to sign a contract during the probationary period. The labor contract shall be signed within one month of the employee's employment, and if the employer fails to sign it for more than one month, it is illegal, and the employer shall pay the employee double the salary for the period from the day after the employee has completed one month to the day before the labor contract is re-concluded. >>>More
You signed the contract, it should be stated in the contract! Generally, before the probationary period, I will tell you that there is no compensation to be recovered, and it stands to reason that the probationary period has not passed, but there should be a salary for the probationary period to be paid back to you. I guess you're on a three-month probationary period, if so, after the probationary period. >>>More
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There is generally no limit to a few days in advance of resignation during the probationary period. However, it would be nice to leave the company mainly according to the company's system.
You are not responsible, but according to the labor law issued in 2008, you can also get economic compensation in addition to wages. >>>More