1. If the senior management leaves voluntarily, there is generally no compensation;
2. If the employee unilaterally terminates the contract with the unit according to law or resigns because the unit reduces the agreed conditions of the labor contract and renews the labor contract, the compensation shall be one month's salary for each year that the senior management works in the unit.
2. Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(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;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
Article 47. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
2. Is there any economic compensation for employees to resign voluntarily?
1, compensation is divided into two situations, namely, compensation for illegal termination of labor relations and economic compensation.
(1) The former is only applicable to the case that the employer illegally terminates the labor relationship, and the standard is to compensate two months' salary according to the actual working years;
(2) The latter applies to the natural termination of labor relations, and one month's salary is paid for one year.
(3) But if you resign voluntarily for your own reasons, there is no compensation. In order to force workers to resign themselves, many companies use various means to accept employees' impulsive resignation, and as a result, they can't get a penny.
2. There is no compensation for general employees to resign voluntarily, except those who are forced to resign.
If the company fails to help employees pay social security, or fails to pay wages in full and on time, or fails to provide working conditions or labor protection, employees may be forced to resign and ask the company to pay economic compensation for forced resignation.
3. Can I work in another company without a certificate of resignation?
1. You can work in another company. But we should pay attention to the following issues:
2. If the original employer fails to issue a resignation certificate to the employee, the employee may ask the original employer to issue it. If it cannot be issued, employees can apply for labor arbitration to safeguard their rights and interests.
3. If a non-competition agreement is signed, employees who go to work in other companies cannot violate the non-competition agreement, otherwise they will be liable for breach of contract.
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