Can I claim compensation if I voluntarily resign? The following conditions exist5

Updated on society 2024-08-05
4 answers
  1. Anonymous users2024-02-15

    1. Look at how the labor contract is agreed, how the salary and insurance are paid, if the specific terms are illegal, then you can take the initiative to resign, terminate the labor contract, and apply to the company for compensation for economic compensation. If there is no consultation with you or you have not violated the Labor Contract Law, it is illegal for you to change your position, and you have the right to demand financial compensation for your resignation.

  2. Anonymous users2024-02-14

    You go back first and study the contract you signed at the beginning, many times there are some illegal clauses in the contract, but you don't put it forward when you sign it, which is equivalent to your own approval, and it will be difficult to do it later.

  3. Anonymous users2024-02-13

    [Legal Analysis].If the employee resigns voluntarily, the employer does not need to pay any economic compensation or compensation. Employees are required to submit written resignation 30 days in advance, and resignation can be done without the approval of the employer. Among them, the probationary period is submitted in writing three days in advance; The employer has the obligation to settle the work and prepare funds to go through the resignation procedures.

    In the case of Article 38 of the Labor Contract Law, the employee may request the payment of the remaining wages and severance (one month's salary for every one year of service) and go through the resignation procedures.

    [Legal basis].Labor Contract Law of the People's Republic of China

    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 employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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.

  4. Anonymous users2024-02-12

    Legal analysis: When an employee voluntarily resigns, the company shall pay economic compensation under the following circumstances:

    1. The company uses violence, coercion or illegal restriction of personal freedom to force labor, or the company fails to pay labor remuneration or provide labor conditions in accordance with the labor contract, resulting in the employee taking the initiative to resign;

    2. The company fails to pay labor remuneration or provide labor conditions in accordance with the labor contract, resulting in the employee taking the initiative to resign;

    3. The company refuses to pay overtime wages or pays employees wages lower than the local minimum wage standard, resulting in employees taking the initiative to resign.

    Therefore, the company maliciously cut wages to force employees to resign voluntarily and failed to pay labor remuneration in accordance with the labor contract, which is actually a violation. Therefore, if the company forces the employee to leave the job by such unreasonable means, the employee can also claim economic compensation. In addition, for the loss of salary reduction, you can also apply for labor arbitration to protect your rights.

    [Legal basis].

    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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law;

    (6) Other circumstances in which the labor contract may be terminated as provided 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 violates rules and regulations by directing or forcing risky work to endanger the personal safety of the person who has lost labor verification, 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

    6) Terminating 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.

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