2. According to the relevant provisions of the Labor Contract Law, employees can leave their jobs by notifying the employer three days in advance during the probation period. If an agreement is reached with the company, you can leave your job at any time after paying the completion capital.
Excerpted from lawyer's consultation on June 29th, 20 17.
Comments:
Article 37 of China's Labor Contract Law clearly stipulates:
The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 9 of the Interim Provisions on Wage Payment stipulates that:
If both parties to the labor relationship dissolve or terminate the labor contract according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.
From this point of view, during the probation period, as long as the employee notifies the employer three days in advance, the labor contract with the employer can be terminated, and the employer should pay the employee's salary in one lump sum when canceling the labor contract.
In fact, many workers' basic rights during the probation period have been violated to varying degrees, such as requiring employees to give a month's notice in advance, refusing to resign during the probation period, refusing to pay all the wages to employees during the probation period or refusing to pay wages when the contract is terminated. At this time, everyone needs to understand that as a glorious worker, you are not an unarmed lamb to be slaughtered.
For example, I think that the parties to this case can terminate the contract as long as they give three days' notice in advance, but it is most appropriate to strengthen his monitor's reply and ask him to issue a written reply. Once he gets a reply, he can leave his job easily in three days.
For the general public, in a similar situation, they can also take legal weapons to get back their labor income-of course, it is best to complete the handover of the work at hand, otherwise they may need compensation for the losses. In practice, there are also many cases where no contract is signed at all.
In this case, it involves a series of problems such as double salary and open-ended contract. I will continue to share with the case in the comments. Our starting point is to let everyone master more legal knowledge to safeguard their legitimate rights and interests through case extension comments.