Want to quit? Then you need to understand the following four legal contents
Release time: 2019-04-09 Preview times：1017
Resignation is a headache for many people. They are either afraid of the company’s disagreement or the company’s deduction of wages. Today, I’m here to talk to you all, hoping to provide you with some help.
According to the current "Labor Contract Law", restrictions on employee resignation have been reduced, making it easier for employees to resign.
1. You can notify in advance how to terminate the labor contract
According to the "Labor Contract Law", the labor contract can be terminated if the employee informs the employer in writing 30 days in advance. The laborer can terminate the labor contract by notifying the employer 3 days in advance during the probation period. The law clearly gives workers the right to resign, and this right is absolute. The worker unilaterally terminates the labor contract without any substantive conditions, and only needs to perform the obligation of advance notice. It should be noted that the cancellation during the non-probation period should be notified in writing, while the cancellation during the probation period has no formal requirements, and both oral and written forms are acceptable.
In practice, many companies believe that employees must write resignation applications for resignation, and must be approved by the unit, otherwise they cannot resign. This is actually a typical misunderstanding. According to the "Labor Contract Law", employees resign as long as they notify the unit in writing 30 days in advance, without the unit's approval or consent. If the labor relationship between the two parties is terminated by the employee's unilateral resignation, the employer shall promptly go through the resignation and resignation procedures for the employee, otherwise, it will bear unfavorable legal consequences. If the employee fails to handle the work handover or has other outstanding disputes with the unit when the employee resigns, the employer can claim its rights through legal channels such as arbitration or litigation, but cannot restrict the employee from resigning on this ground. The two are independent Legal relations should not be confused.
2. Circumstances in which you can terminate the labor contract at any time
The immediate termination of the labor contract by the employee means that in the event that the employer is at fault, the employee can unilaterally terminate the labor contract while notifying the employer without prior notice.
According to the "Labor Contract Law" and its "Implementation Regulations", if an enterprise has one of the following circumstances, the employee can immediately terminate the labor contract without notifying the employer in advance:
(1) The employer fails to provide labor protection or labor conditions in accordance with the labor contract;
(2) The employer fails to pay labor remuneration in full and on time;
(3) The employer fails to pay social insurance premiums for workers in accordance with the law;
(4) The rules and regulations of the employer violate the provisions of laws and regulations and damage the rights and interests of employees;
(5) The employer uses fraud, coercion or taking advantage of the danger to cause the employee to conclude or modify the labor contract in violation of the true intentions, rendering the labor contract invalid;
(6) The employer exempts its legal responsibility and excludes the rights of workers in the labor contract;
(7) The employer violates the mandatory provisions of laws and administrative regulations;
(8) The employer forces the worker to work by means of violence, threats or illegal restriction of personal freedom;
(9) The employing unit violates the regulations to command or force risky operations to endanger the personal safety of the workers;
(10) Other circumstances under which laws and administrative regulations stipulate that workers can terminate the labor contract.
For the above cases (8) and (9), the worker can terminate the labor contract immediately without prior notice
Employer. In addition, in other situations, workers who are forced to resign generally need to inform the employer in advance, but there is no time requirement and restriction.
3. What are the consequences even if you terminate the labor contract in violation of the law?
According to Article 90 of the "Labor Contract Law", "If an employee violates the provisions of this law to terminate the labor contract and cause losses to the employer, he shall be liable for compensation." In practice, the employer needs to bear the "loss".
Bear the burden of proof. According to Article 4 of the "Compensation Measures for Violation of the Labor Law", the losses mainly include:
(1) Expenses directly paid by the employer for the hired laborers;
(2) Training fees paid by employers for workers;
(3) Direct economic losses caused to production, operation and work;
(4) Other compensation expenses stipulated in the labor contract.
4. If you resign without giving notice in advance, or the notice is less than 30 days, can the unit require employees to pay liquidated damages?
The answer is obviously no. Although it is a statutory obligation of workers to issue a notice of resignation 30 days in advance, the law does not provide workers with corresponding legal responsibilities or penalties for violations of this clause. At the same time, according to the "Labor Contract Law", the unit cannot unilaterally agree that employees should pay liquidated damages except for two statutory situations that violate the service period agreement and violate the obligation of restricting competition. Therefore, under normal circumstances, if the employee does not notify in advance, or the notification is less than 30 days, the unit cannot require the employee to pay liquidated damages.
[Legal link]
"The Labor Contract Law of the People's Republic of China" Article 37 The laborer may terminate the labor contract by giving a written notice to the employer 30 days in advance. The laborer can terminate the labor contract by notifying the employer three days in advance during the trial period. Article 38 The employee may terminate the labor contract in any of the following circumstances: (omitted) Article 90 The employee violates the provisions of this law to terminate the labor contract, or violates the confidentiality obligation or competition in the labor contract If the restriction causes losses to the employer, it shall be liable for compensation. Article 18 of the "Regulations for the Implementation of the Labor Contract Law of the People's Republic of China" has one of the following circumstances, in accordance with the conditions and procedures stipulated in the Labor Contract Law, the employee may terminate the fixed-term labor contract, the non-fixed-term labor contract with the employer, or A labor contract with a time limit for completing certain tasks: (1) The worker and the employer have reached an agreement through negotiation; (2) The worker has notified the employer in writing 30 days in advance; (3) The worker has 3 days in advance during the probation period Notifying the employer; (4) The employer fails to provide labor protection or working conditions in accordance with the labor contract; (5) The employer fails to pay labor remuneration in full and on time; (6) The employer fails to pay social insurance for the employee in accordance with the law (7) The employer’s rules and regulations violate the provisions of laws and regulations and damage the rights and interests of employees; (8) The employer uses fraud, coercion or taking advantage of the danger to make the employee enter into or violate the true intentions. Changes in the labor contract; (9) The employer exempts its statutory responsibilities and excludes the rights of workers in the labor contract; (10) The employer violates the mandatory provisions of laws and administrative regulations; (11) The employer uses violence, Threatening or illegally restricting personal freedom to force workers to work; (12) Employers illegally command or force risky operations to endanger the personal safety of workers; (13) Laws and administrative regulations stipulate that workers can terminate the labor contract Other situations.
Therefore, if you want to terminate the labor relationship, you only need to notify the employer in writing 30 days in advance, and notify the employer 3 days in advance during the probation period to legally terminate the labor contract. In addition, all the deductions and disapproval of wages by the employer are contradictory to the law. Whenever you encounter it, you can find a professional lawyer to solve the problem.
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Want to quit? Then you need to understand the following four legal contents
