In the face of the company proposed to recruit new people
In order to get away with this unreasonable demand
Say go, too willful
Seeking perfection, suffering oneself
Exactly what to do
In order to resign legally and compliantly
And can best defend their own interests
Don't worry! Look here first
Article 37 of the Employment Contract Law
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.
That is to say, the employee notifies the employer in writing 30 days in advance in accordance with the provisions of the Labor Contract Law, notifies the employer 3 days in advance during the probationary period, fulfills the obligation of advance notification in accordance with the regulations, and after the expiration of the advance notification period, the labor contract can be terminated, and the employer shall handle the formalities for rescission or termination of the labor contract in accordance with the law, and shall not forcibly leave the employee to continue working for any reason.
Of course, if the employer has any of the following circumstances, the employee can immediately terminate the labor contract without prior notice to the employer.
| 1 | The employer fails to provide labor protection or working conditions in accordance with the labor contract; |
| 2 | The employer fails to pay the labor remuneration in full and in a timely manner; |
| 3 | The employer fails to pay social insurance premiums for the employee in accordance with the law; |
| 4 | The employer's rules and regulations violate the provisions of laws and regulations, harming the rights and interests of employees; |
| 5 | The employer uses fraudulent or coercive means or takes advantage of the danger of others to cause the other party to conclude or modify the labor contract against its true intentions; |
| 6 | The employer forces the worker to work by means of violence, threats or illegal restriction of personal freedom; |
| 7 | The employer illegally directs or forces the risky operation to endanger the personal safety of the employee; |
| 8 | Other circumstances in which laws or administrative regulations provide that an employee may terminate a labor contract. |
NO! NO! NO！ Don't bother with that
Article 9 of the Interim Provisions on the Payment of Wages provides
When both parties to the labor relationship terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum when the labor contract is terminated or terminated.
Article 50 of the Employment Contract Law
The employer shall issue a certificate of termination or termination of the labor contract when terminating or terminating the labor contract, and go through the formalities for the transfer of files and social insurance relationships for the employee within 15 days.
If the employer deliberately defaults on wages and does not pay wages, or fails to issue a written certificate of termination or termination of the labor contract to the employee in violation of regulations, the employee may make a complaint and report to the labor security supervision department of the place where the employee is employed to protect his legitimate rights and interests!
Before leaving their jobs, we must perform the statutory procedures and remember to do a good job in handing over the work, which is not only the embodiment of responsibility for the work, but also an effective means to avoid labor disputes. If the resignation of the employer causes economic losses due to his own willful resignation, he will also bear the corresponding compensation liability.
Article 91 of the Employment Contract Law
If an employer recruits a worker who has not yet terminated or terminated a labor contract with another employer, and causes losses to other employers, it shall bear joint and several liability for compensation.
There are thousands of resignations
Compliance is paramount
Learn to understand the policy without loss
Annoyances are solved
Source: Chengdu Renshi Bureau