"Inverted burden of proof" is widely used in labor law. Article 6 of the Labor Dispute Mediation and Arbitration Law stipulates: "In the event of a labor dispute, the parties have the responsibility to provide evidence for their own claims, and the employer shall provide evidence related to matters in which the main management right of the dispute belongs to the employer; Employers should bear the adverse consequences. Paragraph 2 of Article 39 stipulates: "If a laborer cannot provide evidence related to the arbitration request controlled and managed by the employer, the arbitration tribunal may require the employer to provide it within a time limit, and if the employer fails to provide it within the time limit, it shall bear adverse consequences". The Supreme People's Court's case law interpretation is applicable to the trial of a numerical labor dispute (I) 13 specifically stipulates: dismissal of the employer, termination of the dismissed labor contract, reduction of labor remuneration, calculation of labor dispute for determining the working years of workers, and burden of proof of the employer. Article 6 of "Several Provisions on Evidence in the Supreme People's Court Civil Procedure Law" also holds that: "In the event of a labor dispute, the employer shall bear the evidence of the labor dispute if it is dismissed, removed, dismissed, the labor contract is terminated, the labor remuneration is reduced, and the workers working or living are counted. The Notice of the Ministry of Labor and Social Security on Issues Related to the Establishment of Labor Relations stipulates that "wage payment vouchers, social security records, job recruitment registration forms, registration forms, time and attendance burden of proof" shall be recorded by the employer.
If you want to fully protect your legitimate rights and interests, I suggest you take a look at the Labor Law, the Labor Contract Law and the Labor Contract Law implemented by the Regulations, so as to understand the employers in these fields. Infringement of your rights will benefit you for life.
If the employer violates the legitimate rights and interests, pay attention to collecting evidence. In the future, litigation, arbitration or litigation is very important.
Article 37 of the Labor Contract Law gives workers the right to terminate the labor contract. If you want to terminate the labor contract, you don't need to apply for the consent of the employer. It is your decision to terminate the labor contract. You only need to notify the employer in accordance with the law to prove that you have notified you in writing of the procedures for dissolving the labor contract. Article 90 of the Labor Contract Law stipulates that if you don't appear, you will bear the legal responsibility of the Labor Contract Law. If you are an employer mentioned in Article 38 of the Labor Contract Law, you can also get the economic compensation stipulated in Article 46 of the Labor Contract Law. If the employer does not infringe upon your legitimate rights and interests, there is no economic compensation for you to terminate the labor contract.
It doesn't matter if you submit a notice to terminate the labor contract. The key is to have someone sign it to prove that the labor contract has been dissolved according to law. Otherwise, the bad unit voluntarily resigns, regardless of whether it resigns or not, all the responsibilities are pushed to you, and no salary is paid. I made an excuse recently. Notice to terminate the labor contract 30 days in advance (the probation period is three days in advance, the same below). If you don't sign, you can go to the post office and mail a notice of "column and fill in" to terminate the labor contract. "It is not enough to leave a receipt as evidence, but also to add a labor contract. If the employer can't pay your salary on the last day of normal work, apply to the local labor dispute arbitration committee for arbitration, and pay your salary and related economic compensation according to the requirements of Article 85 of the Labor Contract Law.
Notice of dissolution of labor contract shall specify the following contents:
1, I decided to terminate the labor contract with the company, because ............ (if the employer infringes on the legitimate rights and interests, it's better to explain it so that it can be proved later), and the last work lasted for a certain period of time; I have one month a year to notify the person who handed over the work in writing (it must have the official seal of the company, otherwise it will be invalid). If I don't receive the written notice, it will be regarded as my company's non-return, inconvenience or loss, and I will not be responsible;
3. According to the provisions of Article 9 of the Interim Provisions on Wage Payment, I decided to pay other expenses and the provisions of the Labor Contract Law on the day of job transfer, and the certificate issued by Article 50 of the Labor Contract Law should comply with the provisions of Article 24 of the Regulations and the Regulations for the Implementation of the Labor Contract Law. Otherwise, I have the right to apply for arbitration or litigation if a company doesn't need me on a certain date.
For the dissolution of the labor contract and the payment of wages, please refer to the Interim Provisions on Economic Compensation and Wage Payment in Articles 50 and 9 of the Labor Contract Law. If you don't pay on time, you can ask for additional compensation, which violates the provisions on economic compensation and termination of labor contracts.
If you carefully read the answer to the question and "I" participates, you can fully understand its meaning and my answer. The full text can be searched online.