The employment contract is terminated, but why doesn t the factory let me quit my job, what should I

If the contract expires and is terminated, if the employee asks for termination, there is no compensation, and he or she will leave. If the employer requests termination, the employee shall be compensated in accordance with the relevant provisions of the Labor Contract Law.

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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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.

1. Provisions of the Labor Contract Law on resignation.

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 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

2. Provisions on resignation in the "Measures for Compensation for Violations of the Labor Law and Provisions of the Labor Contract".

Article 4 Where a worker terminates a labor contract in violation of the provisions or the provisions of the labor contract, causing losses to the employer, the worker shall compensate the employer for the following losses:

1) The fees paid by the employer for recruiting and employing it;

2) The training fees paid by the employer shall be handled in accordance with the agreement if otherwise agreed by both parties;

3) Direct economic losses caused to production, operation and work;

Other compensation expenses as stipulated in the labor contract.

3. Provisions of the Labor Law of the People's Republic of China on resignation.

Article 31 of the Labor Law of the People's Republic of China stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of a labor contract", which clearly gives the employee the right to resign, and this right is absolute. The General Office of the former Ministry of Labor also pointed out in the "Reply to Issues Concerning the Termination of Labor Contracts by Employees":

The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract. The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer. If the employee submits to the employer for the termination of the labor contract after 30 days, the employer shall handle the formalities.

Log in to the legal consultation post, and you can also consult legal professionals in detail.

Ask the company to renew the labor contract with you to fully protect your rights.

If the employer does not approve the resignation without signing the labor contract, the employee can notify the employer in writing 30 days in advance, and the employee can resign after 30 days. At the same time, the employer can be required to pay twice the monthly salary, which will be settled in a lump sum when leaving the company to prepare for the job.

Labor Dispute Mediation and Arbitration Law》 Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes over labor compensation, work-related injury medical expenses, economic compensation, or compensation; (6) Other labor disputes as provided for by laws and regulations.

If the employer refuses to issue a certificate of termination of the labor relationship, the employee may file a complaint with the local labor inspection department. Article 50 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall, upon dissolution or termination of a labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.

Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference. Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; Those who cause damage to workers shall be liable for compensation.

Hello, I would like to know what to do if I resign and do not terminate the labor contract. It is necessary to know that 1. There are three situations in which an employee proposes to terminate a labor contract (that is, you say resignation): first, if a labor contract is terminated in accordance with the provisions of Article 37, the employer will not bear economic compensation; Second, if the employer proposes to terminate the labor contract in accordance with the provisions of Article 38, the employer shall, in accordance with the provisions of Articles 16 and 47, pay the severance of one month's salary for each year of service. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.

2. There are three types of situations in which an employer proposes to terminate a labor contract.

Article 89 of the Labor Contract Law: If an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of the labor contract to the employee, the labor administrative department shall order it to make corrections; Those who cause damage to workers shall be liable for compensation. Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request that the relevant departments handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.