According to the Labor Contract Law
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Provisional regulations on wage payment
Article 9 If the labor contract is dissolved or terminated by both parties in labor relations according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.
Eighteenth labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
Article 19 In case of a labor dispute between a laborer and an employer due to the payment of wages, the parties concerned may apply to a labor dispute arbitration institution for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Can tti leave directly after handing in the resignation label? After handing in the resignation label, there are still many resignation procedures to be handled, which are determined according to the actual situation of the parties, so the parties had better consult the personnel department of the unit.
The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
According to the Labor Contract Law of People's Republic of China (PRC)
Article 36 The employing unit and the employee may terminate the labor contract through consultation.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
Handover procedures should be handled, including: salary settlement, public goods handover, proof of dissolution or termination of labor contract, transfer of social insurance relationship, and collection of unemployment insurance benefits.
Can I quit after signing a long-term contract for one day? If an employee signs a labor contract with the company, he/she must go through the resignation formalities, submit his/her resignation letter and get the resignation certificate, otherwise the employee's file information will be affected.
Longhu went to work without leaving his post. Can he rejoin other projects? He left directly before without resigning. Whether I can still enter the original unit or branch of the unit, or how long it will take, depends on the specific situation of the unit and myself.
According to the normal procedure, if one party leaves the company, it will dissolve or terminate the labor contract with the company. After the company issued the resignation certificate, handled the social security and file transfer or sealing, and handled the handover procedures, the labor relationship with the company was also terminated. If you want to re-enter the company, you need to follow the entry procedures, that is, job search, interview, audit, training and entry procedures.
However, because the customer is an original employee, the company has a certain understanding and record of his previous performance and situation in the company. Therefore, if he chooses the original company again, the company will usually know the reasons for the customer's departure, previous performance, personal skills and dedication or attitude to the company, and why he wants to re-join. , and then through careful review and evaluation to determine whether to accept the client again. It is a responsible practice for both workers and employers to do so.
Therefore, if a party wants to return to the original company after leaving the company, he should first confirm his job-hunting conditions and purpose, communicate his reasonable reasons, work attitude and inner thoughts with the person in charge of the company, and provide more information when necessary, such as information, qualification certificate, future work ideas or plans, etc., in order to increase the success rate of re-employment.
However, if you didn't go through the resignation procedures because of your voluntary resignation, or were dismissed or dismissed because of your poor performance in the unit, incompetence or even serious violations by the employer, the success rate of re-employment is generally small. In this case, the parties had better reflect on themselves before considering whether to continue to apply for a job. As a manager who used to be in charge of personnel recruitment, in the communication with peers, it is usually difficult for most units to accept such rehired employees.
The employer and the employee shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility when establishing labor relations and signing labor contracts. Workers choose the unit, and the unit also chooses the workers. This is a two-way choice and is equal.
China has implemented the Labor Contract Law since June 5438+ 10/day, 2008, and it was revised on June 20 1 2. This law clarifies the rights and obligations of both parties to a labor contract, protects the legitimate rights and interests of workers, and establishes and develops harmonious and stable labor relations. Therefore, as a laborer, we must first know more about this law in order to safeguard our legitimate rights and interests and fulfill our due obligations.
Relevant reference legal basis:
According to the Labor Contract Law of People's Republic of China (PRC)
Article 1 This Law is formulated in order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and establish and develop harmonious and stable labor relations.
Article 2 This Law is applicable to enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employers) in People's Republic of China (PRC) to establish labor relations with laborers and conclude, perform, modify, dissolve or terminate labor contracts.
State organs, institutions, social organizations and laborers who have established labor relations with them shall conclude, perform, modify, dissolve or terminate labor contracts in accordance with this Law.
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility.
The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations.
When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing.
In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation.
The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.
Article 8 When employing workers, the employing unit shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, conditions for safe production, labor remuneration and other information required by the workers; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.
Article 29 The employing unit and the laborer shall fully perform their respective obligations in accordance with the stipulations of the labor contract.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
For example, can I go to work in another company the next day after submitting an application for labor arbitration? When the employer is at fault, it can immediately terminate it and notify it in writing, and then it can work in another company.
If the contract expires, do I have to work again 1 month if I want to leave my job? Can we go now? Resignation needs one month in advance. You can ask the unit not to renew the contract and double the salary for one month.
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Can Suzhou factory apply directly? No, he is basically from a technical secondary school. We are fresh graduates, and the ratio of male to female in our class is 1: 4.
After working in Suzhou for three years, I plan to leave my job and work in other provinces. Can my pension and medical insurance be transferred? What should I do if I can? I went to the social insurance agency of the original insured place to handle the formalities of terminating the social insurance relationship, and the social insurance agency of the original insured place successfully issued the Certificate of Insurance. Pay attention to whether social security is in the urban area or in the county. I went to handle it some time ago because I didn't understand it first, and then the social security staff told me that I was going to the county seat in the county seat. (Just bring your ID card and household registration book.)
Then the social security staff will print out the social security (medical insurance) payment parameters you participated in locally and give you one * * *. It usually takes a few minutes to get it done, and then you can leave with these two tickets.
Go to the social security center of the new unit's employment place and give the staff two original payment vouchers (with ID cards), and the staff will give a form and an envelope (forgot to take pictures). Fill in the form and envelope according to the prompt and give it to the staff again.
Finally, leave your phone number and you can go home and wait for the notice. The staff told you to tell the result within 3 months.
If you are looking for a job, can you call the applicant directly for consultation? Students can consult some units. For students * * *, there is no problem, and some students give priority to finding them.