If a current teacher resigns during the contract period, can the solution be negotiated? If I don’t have the files, is there any shortcut to get them? Rumor has it there is a shortcut, but

Recommend the resignation materials I edited for your reference:

Resignation means resigning from the position. It is an act by the employee to propose to the employer to terminate the labor contract or labor relationship.

If you really want to resign and leave, submit your resignation notice to the employer 3 days in advance during the internship period and 30 days in advance during the non-internship period. You can decide whether the employer approves it or not, and whether you agree or disagree. It's called leaving in accordance with the law, and the consequences have nothing to do with you.

★ There are generally three circumstances for resignation:?

First, the labor relationship is immediately terminated in accordance with the law (the editor resigns quickly), if the employer has violent or threatening behavior towards employees and forces them to work , failure to pay wages as stipulated in the contract, etc., the employee can request the employer to terminate the labor contract at any time;

The second is based on the employee's own choice (the editor's name is to resign slowly), in writing 30 days in advance Formally notify the employer to terminate the labor contract;

The third is to submit an application to the employer (the editor will resign through negotiation), and both parties will terminate the contract by consensus.

(Note: It is recommended that the resignation letter be sent to the employer via a courier company or registered mail from the Post and Telecommunications Bureau, in order to preserve evidence.)

★ Discussion on salary issues:< /p>

Employees work for the company and have exerted their labor. The company should pay corresponding labor remuneration to employees. If it is not paid in full and on time, it is an act of wage arrears and is illegal. You can report this.

1. Complain to the local labor inspection department, or call the hotline 12333.

2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.

3. Go to the local People’s Court to file a lawsuit and apply for a payment order.

According to the "Interim Provisions on Wage Payment"

Article 7: Wages must be paid on the date agreed between the employer and the employee.

Article 9 When both parties to the labor relationship terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full when the labor contract is terminated or terminated.

Article 18 Labor administrative departments at all levels have the right to supervise the employer’s wage payment. If an employer commits 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 workers, and may order it to pay compensation:

(1) Withholding or defaulting on arrears to workers without reason wages;

(2) Refusing to pay workers wages for extended working hours;

(3) Paying workers wages lower than the local minimum wage standard.

The standards of economic compensation and compensation shall be implemented in accordance with relevant national regulations.

★ Relevant regulations of the "Labor Contract Law"

Article 30 The employer shall pay labor remuneration in full and in a timely manner in accordance with the labor contract and national regulations.

If the employer defaults or fails to pay labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 77 If the legitimate rights and interests of workers are infringed upon, they have the right to request the relevant departments to handle the matter in accordance with the law, or to apply for arbitration or initiate litigation in accordance with the law.

Article 85 If an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; if the labor remuneration is lower than the local minimum wage standard, it shall pay other If the balance is not paid within the time limit, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount payable.

★ When an employee resigns or terminates the labor contract with the employer, the following situations usually occur according to the Labor Contract Law:

1. The employer has Article 38 of the Labor Contract Law In this case, after the employee proposes to terminate the labor relationship in writing, he or she can leave immediately without the approval of the employer, and can request the payment of remaining wages and economic compensation (one month's salary for every year of work) and go through the resignation procedures, etc.; < /p>

2. According to Article 37 of the "Labor Contract Law", employees who submit a written resignation 30 days in advance can resign without the approval of the employer. Among them, the probation period must be submitted in writing 3 days in advance; the employer is obliged to settle the salary and go through the resignation procedures.

3. The employer does not fall under Article 38 of the Labor Contract Law. If an employee directly submits a letter of resignation and leaves, the employer will suffer direct economic losses and expenses incurred in recruiting the employee. , the employer can require the employee to bear it.

Article 37: The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probation period, the employee can terminate the labor contract by notifying the employer three days in advance.

Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:

(1) Failure to provide labor protection or labor conditions as stipulated in the labor contract ;

(2) Failure to pay labor remuneration in full and on time;

(3) Failure 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 harm the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in paragraph 1 of Article 26 of this Law;< /p>

(6) Other circumstances under which employees may terminate labor contracts under laws and administrative regulations.

If the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates the rules and orders or forces risky work that endangers the personal safety of the employee, the employee may immediately terminate the labor contract , without prior notification to the employer.

Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the worker:

(1) The worker shall comply with the provisions of Article 38 of this Law The labor contract is terminated;

(2) The employer proposes to the employee to terminate the labor contract in accordance with the provisions of Article 36 of this Law and negotiates with the employee to terminate the labor contract;

(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 Article 41, Paragraph 1 of this Law;

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(5) Unless the employer maintains or renews the labor contract by improving the conditions agreed in the labor contract, and the employee does not agree to the renewal, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.

(6) Termination of the labor contract in accordance with the provisions of Article 44, Item 4 and Item 5 of this Law;

(7) Other matters stipulated by laws and administrative regulations situation.

Article 47: Economic compensation is paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.

Article 50: The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days.

Labourers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed.

The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for future reference.

★Relevant regulations regarding the dismissal of employees by the employer

The employer shall keep the text for at least two years for future reference.

It is illegal to terminate the labor relationship, and you can ask for economic compensation and double salary compensation. If negotiation fails, complain to the labor inspection department or apply for labor arbitration to safeguard your rights.

To terminate the labor relationship, the employer shall notify the employee in writing 30 days in advance, otherwise it will need to pay one month's notice in lieu of payment

1. If the labor contract is not signed, the employee has the right to demand Sign a labor contract without a fixed term and have the right to require the employer to pay double wages;

2. Article 48 of the "Labor Contract Law" The employer violates the provisions of this law to terminate or terminate the labor contract, and the employee If the labor contract is required to continue to be performed, the employer shall continue to perform it; if the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law;

Article 87 If the employer violates the provisions of this Law to terminate or terminate the labor contract, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.

3. To terminate the labor relationship, the employer shall notify the employee in writing 30 days in advance, otherwise it will need to pay one month’s notice in lieu of payment;

4. The employee has the right to request the employer to compensate Pay social insurance;

5. Workers have the right to ask the employer to pay arrears of wages and holiday overtime wages;

6. If the employer fails to pay, they can complain to the labor inspection department , if necessary, you can also directly apply for labor arbitration to safeguard legitimate rights and interests.

If a labor contract is not signed, the employee has the right to request an open-term labor contract and the employer to pay double wages.

Appendix:

★ How to write a resignation letter

A resignation application usually consists of five parts: title, title, body, conclusion, signature and date.

1. Title

Write the name of the resignation letter in the middle of the first line of the resignation letter. Generally, a resignation letter consists of the same reason and genre name, that is, with "Resignation Letter" as the title. The title should be eye-catching and the font should be slightly larger.

2. Title

It is required to write the name or title of the unit organization or leader who accepted the resignation letter in the top box of the line below the title, and add a colon after the title.

3. Text

The text is the main part of the resignation letter. The text generally consists of three parts.

First of all, you must write the content of the letter of resignation, so that people can understand it at a glance.

Secondly, describe the specific reasons for submitting a letter of resignation. This content requires you to list the details of your resignation one by one, but you must pay attention to the unity and completeness of the content, and analyze it step by step so that people can understand it at a glance.

Finally, you should write down your determination to submit your resignation letter, your specific personal requirements, and the problems you hope the leader will solve.

4. Ending

At the end, it is required to write the words of respect "I salute you". The meaning is very clear: I salute you here.

5. Signing

The signature of the resignation letter requires the name of the person resigning and the specific date of submitting the letter of resignation.

Pay attention to taboos

1. Don’t speak ill of your boss. If you feel it is necessary to raise a problem with your boss to management, try to raise it orally in tactful terms.

2. Don’t complain and criticize the company system.

3. Don’t blame your colleagues, and especially avoid writing your colleagues’ “crimes” in black and white in your resignation letter.

Writing requirements

1. Be sincere and tactful.

2. Don't criticize the other person.

3. Implicit.

4． Simplicity.

5. Please be sure to use an autograph, and the signature should be as strong as possible, and the date should be written.

★ Appreciation of the beautiful letter of resignation from an outstanding person that has been liked by thousands of people 1. Dear leaders:

To express the general trend of the world, if we divide for a long time, we will unite, and if we unite for a long time, we will divide! Although it comes from the ancient book Three Kingdoms, I think it is also helpful to today's affairs.

The world today is facing a century-old economic crisis. If you look at the global economic situation, it can be said that people are suffering everywhere, people are in dire straits, and manufacturers, workers, and migrant workers are all complaining. Someone in the company feels this, and can't help but think about his own situation, and he can't help but cry out in sadness. !

Si Benbuyi came from a humble background. He worked hard in the land of Xingzhou in southern Hebei Province and lived a humble life. He did not seek wealth and fame, but only sought food and clothing. However, today is extremely cold. It has been more than a year since I started working at our company in early April last year. There have been several springs and autumns, several winters and summers, and more than 300 days and nights have passed by.

Thinking back to the beginning, Yu Benyi was an ambitious young man, young and frivolous, with lofty dreams. He wanted to display his ambitions in the company. On the one hand, he would add glory to the group, and on the other hand, he would add more food and clothing to himself. Wouldn't it be nice to have the best of both worlds?

Unfortunately, in one year, not only did I not show off my talents, but I was also strapped for money, heavily in debt, had poor food and clothing, and avoided gatherings. There are those who leave friends; there are those who despise them; there are those who despise them. It's all because Si, an outstanding young man in the past, completely lost himself to this point. The company's monthly salary of 900 yuan is actually the sum of basic salary, job allowance and missed meal allowance.

All the friends said: "What's more, you are so ignorant that you can tolerate it till now. What's the point of not dying?" "I'm sweating. How come I don't want more silver? It's said that it's worthy of the sky, worthy of the earth, and worthy of the anger. However, I was born in a peasant, I can endure all the hardships, but in the end, there is no success. I work hard and work hard. Food and clothing are not yet decided.

Why does my face look like that of an old man? I don’t have enough food, my strength is not enough, and my talent and beauty are not visible, so I am like a thousand-mile horse. Although it has the ability to run a thousand miles, it is helpless. He will starve to death!

Although Si is not talented, he does not dare to think of himself as a thousand-mile horse, but he knows that he is not mediocre.

To stand in this world, one needs a certain skill. I have a low self-esteem and dare not claim to be rich in knowledge, but dealing with writing is not a problem. However, for a long time, I have always asked myself, how can I not stand up and grab the ground with my head, how can I shed tears in the long night? , I can't sleep alone, tossing and turning, thinking about the past in my humble room, feeling sad in my heart.

I am ashamed to regard my mentor as Yan Yuan, and I am ashamed to be the best student in my class.

My husband is now. The only word for daily work is "cleaning"...that is, cleaning the house a little, pouring water and tea, wiping tables and chairs, greeting people and sending them off, being hypocritical and polite, and dealing with "leaders" day after day, month after month. In January, since I was appointed, I have been sighing all night long, working diligently, fearing, and fearing that I will neglect something... Now I put my knees on my knees and sigh to myself, how sad it is!

The peach blossoms have withered the spring red, it is too hasty, and I have no choice but to come in the cold. The wind comes in the rainy night. Years are like water, and it suddenly passes four years. Looking back in confusion, how much is the income?

Income: work in December, 600 per month in the first three months, 900 per month for the next nine months, a mere thousands for a year was not enough for Si to provide food and clothing, let alone clothing, play, and live a quality life; mentally: suffered a lot of blows and torture, and in the past year, Si has mastered a new skill, that is, cleaning. A seven-foot-tall male with a bachelor's degree, he was so untalented that he thought he was working as a cleaner.

As a result, his young and frivolous heart suddenly became old and lifeless; for a period of time, Si Mou. They are submissive and serve others more than they care about themselves. All they want is daily food and clothing. However, with the soaring prices, the solution to this problem is not available.

What is lost is lost time and youth. , The edges and corners have been worn away, the good years have been wasted, the respect for parents, brothers, sisters and neighbors has been wiped out.

However, the only reason why a young man in his prime and in his prime is suppressed to such an extent that he has maintained his strength to this day. : While waiting for the rumored salary increase that everyone is looking forward to, it is really pitiful to meet Si's daily needs. It is my fault that Si is so young and ignorant that he foolishly waited for a year, but in the end it didn't work.

< p>My husband has no hope of repaying thousands of foreign debts, so someone suddenly realized that this place is the grave of young people. Its function is to obliterate dreams, bury youth, kill fighting spirit, wear away edges and corners, and waste time. So, this is the epiphany. Si, I will not spend time here now, and we will go our separate ways.

As the world is divided, it will be reunited if it is separated for a long time, and it will be separated if it is united for a long time! Since we cannot cherish each other, why not separate from each other? From now on, we will forget each other!

I would like to ask the enlightened leaders to allow this humble and incompetent employee to resign. Thank you very much!

Year*month*day 2. I resigned with great sadness. In the past, I left the Tianshan Mountains and traveled eastward to learn scriptures. I traveled thousands of miles to my home and traveled to the capital to study. It has been cold for more than ten years, and the love in Jixia is strong.

Once you have completed your studies, look northeast and you will see that at the age of two or three, you will be in your prime of life, be diligent and diligent, wear clothes at night and eat at night. Seek justice in the vast world, and have no regrets even though I am busy. Unconsciously, spring passes and autumn comes, cold and heat change, white clouds and blue sky change, the sea changes, and the fifteen years go by in a blink of an eye. However, the book business is full of energy, and the search for it is a waste of time.

The aspirations in the heart are hard to eliminate. The fetters hold me back, and I suddenly feel like I'm missing. Desire for food and drink, self-service is in vain. I've spent all my life, but I haven't seen any skills. The official career is all clouds. Gentleman Kaiti, God has worked hard for you. The wind and rain are like darkness, and the golden pheasant crows alone. The feeling of returning home, how can we live with ourselves?

Since I have been investigating, I have not sought to be prominent in court, but I hope that I will be worthy of my conscience.

Although the heart is a servant of the body and is in conflict with the disease, the will cannot fall for a moment, and the Tao will never leave for a moment. Tasting Donggao and looking at the wilderness, I feel so relaxed and confused, wondering where there are branches to rely on. Always reflect on yourself, always be aware, regret your actions in the morning, and do it again in the evening. Going back and forth like this is very annoying. I am disgusted by the human emotions, the warmth and coldness of the world, the flies and the dogs, they will be driven away and returned.

"Poetry" says: Camping blue flies, stopping at Fan. Isn't it indicated? Because we care about each other but have no acquaintance, it is better to sing and cherish the flowers for a long time. Yellow chrysanthemums appear every year on the east fence for thousands of years. They accompany me as tired birds, and they are feathery in my house. Those who have gone by cannot be admonished, but those who have come can especially be pursued. Wanting to take the effect of getting drunk, I sang wildly in front of the five willows.

Come back! The boat passed away from now on, and the river and sea left the rest of my life.

Come back! How geometric is life? Don't you just let me do whatever you want? Hang up your boots and wave your hands to leave, the zebra chirps and chirps!

Bingshen Jiawu *** paused.

★　3. Other weird resignation letters: ①. The weather is too cold and I can’t get up. ②. The outside world is so big, I want to go out and see it. ③I am tired and don’t want to do it anymore.

(Editor’s comment: These three resignation notices are simple, easy to learn, easy to imitate, and quick to complete. They do not require talent or effort.)

★ Please pay attention to the following when resigning Discussion of matters:

1. Handover matters.

2. Pay off all the things in the company (including collecting the things to be returned and applied for as a reserve fund, etc.), and get back all the things that belong to you personally

3. Check your resignation Attendance and settled wages for the current month.

4. Receive the resignation files from the personnel department, including resignation certificate, social security payment voucher, provident fund Golden Dragon card and employment and unemployment registration certificate (get it if you have it, otherwise don’t get it).

5. After you find your next employer, you can continue to pay social security in the same area. The provident fund is temporarily sealed in your previous employer (the employer you resigned from). You need to issue a corporate provident fund acceptance letter to the previous employer. Provident fund transfer. If there are personnel files, they will also be accepted by the next unit.

6. Keep your labor contract well so that it can be used when you apply for retirement in the future.

★ Discussion on voluntary resignation:

According to the "Reply Letter on How to Definition of Voluntary Resignation and Absence from Work" (Laobanfa [1994] No. 48), "About Enterprise Processing" Reply to the Issue of Employees Who Resign Without Authorization (Laobanfa [1993] No. 68) stipulates: Automatic resignation refers to an employee who fails to complete the termination procedures when terminating the labor relationship, leaves his or her post without authorization, or leaves the unit without completing the termination procedures. Employees who voluntarily resign must bear liability for breach of contract, and the employer that newly hires the voluntarily resigned employee shall bear joint liability for compensation if it causes economic losses to the original employer. What needs to be noted here is that according to the relevant documents on suspension of pay and leave, if an employee requests a leave of absence without pay but leaves without authorization from the company, or does not request to return to the original unit within one month after the suspension of pay, If the employee has not completed the resignation procedures, the company has the right to treat the employee as a voluntary resignation. It is the employer's behavior to treat employees as voluntary resignations. According to the provisions of the relevant administrative reply letter, the voluntary resignation mentioned here means that the enterprise should remove them in accordance with the relevant provisions of the "Regulations on Rewards and Punishments for Enterprise Employees". For this reason, disputes arising from automatic resignation should be handled as delisting disputes. Enterprises are not allowed to take punitive measures such as dismissal or dismissal of employees' family members because they leave without authorization. An enterprise's provision to implicate the family members of employees who leave without authorization is inconsistent with national labor management policies, and therefore cannot be used as a basis for labor arbitration.

★ When answering the resignation question, I found that many netizens asked what to do if the boss withholds or arrears wages? The discussion is as follows:

The employer cannot deduct wages from workers at will. If the employer deducts wages from workers without reason, workers can complain to the local labor inspection department or apply for labor arbitration.

1. If you work for an employer, there are two ways to request payment of wages:

1. Workers can complain to the local labor bureau for labor inspection; Advantages: The method is simple. Disadvantages: Law enforcement in various places may not be very strong;

2. You can apply for arbitration at the local labor bureau (Labor Dispute Arbitration Committee of the Bureau of Human Resources and Social Security) and request payment of wages. If a labor contract has not been signed, the employee may be required to pay double the salary for which the labor contract was not signed. If the termination of the labor relationship is based on wage arrears, you can also request the payment of economic compensation.

Advantages: In addition to wages, you can also claim for economic compensation, double wages, etc., and it can usually be resolved eventually; Disadvantages: Applying for labor arbitration is like filing a labor lawsuit, which requires a bit more procedures and requires professional guidance.

2. If you work for an individual, it does not count as a labor relationship. You can directly go to court to sue the individual boss and demand payment of labor remuneration.

Article 2 of the "Labor Dispute Mediation and Arbitration Law" This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

(1) ) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

(3) Disputes arising from removal, dismissal and Disputes arising from resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(V) Disputes arising from labor remuneration , disputes over medical expenses for work-related injuries, economic compensation or damages, etc.;

Article 50 of the "Labor Law" shall pay wages to the worker himself in the form of currency on a monthly basis. Workers shall not be deducted or delay wages without reason.

Article 18 of the "Interim Provisions on Wage Payment": Labor administrative departments at all levels have the right to supervise the employer's wage payment. If an employer commits 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 workers, and may also order it to pay compensation:

(1) Withholding or defaulting on arrears to workers without reason wages;

(2) Refusing to pay workers wages for extended working hours;

(3) Paying workers wages lower than the local minimum wage standard.

The standards of economic compensation and compensation shall be implemented in accordance with relevant national regulations.

★ Discussion on the issue of unemployment benefits:

According to Article 17 of the "Unemployment Insurance Regulations": The employer and the individual who worked for the unemployed before losing their jobs have paid less than one year in total in accordance with the regulations. If the cumulative payment period is more than 5 years and less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months; if the cumulative payment period is more than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months. The maximum duration of unemployment insurance benefits is 24 months. If you are unemployed again after re-employment, the payment period will be recalculated. The period for receiving unemployment insurance benefits can be combined with the period for unemployment insurance benefits that should be received but have not been received during the previous unemployment, but the maximum period shall not exceed 24 months

Application Qualifications 1. Unemployed persons who meet the following conditions can receive unemployment insurance benefits and enjoy other unemployment insurance benefits in accordance with regulations: (1) Participate in unemployment insurance in accordance with regulations, and the employer and the individual have paid contributions in accordance with regulations Those who have completed one year of obligation; (2) Those whose employment was interrupted not due to their own will; (3) Those who have completed unemployment registration in accordance with legal procedures; (4) Those who have job requirements and are willing to accept vocational training and job introduction.

2. The employee’s interruption of employment without his own will specifically includes the following circumstances: (1) The labor contract is terminated; (2) The employer terminates the labor contract; (3) The employer fails to comply with regulations Provide labor conditions and propose to terminate the labor contract; (4) The employer uses violence, coercion or restriction of personal freedom to force labor and propose to terminate the labor contract; (5) The employer withholds or delays wages, or fails to comply with regulations If the employer pays remuneration for extended working hours and proposes to terminate the labor contract; (6) If the employer pays wages lower than the local minimum wage standard or the wage standard agreed in the collective contract, and proposes to terminate the labor contract; (7) Because the employer detains identity, (8) The employer fails to pay social insurance premiums in accordance with the law and proposes to terminate the labor contract; (9) Laws and regulations provide otherwise. Methods for application and payment of unemployment insurance benefits

In case of any of the following circumstances, unemployment insurance benefits will be stopped and other unemployment insurance benefits will also be stopped.

(1) Those who are re-employed;

(2) Those who are subject to military service;

(3) Those who emigrate abroad;

(4) Those who enjoy basic pension insurance benefits;

(5) Those who have been sentenced to prison or reeducation through labor

(6) Refusing to accept the designation of the local people's government without justifiable reasons The job introduced by the department or institution.

After the employer pays unemployment insurance for the employee, the employee can apply for unemployment insurance benefits after leaving the job. The specific conditions and procedures are as follows: ① Unwilling termination of employment (i.e. the company terminates or terminates employment) contract) and have job search requirements (must provide proof of dismissal from the employer) ② Pay unemployment insurance for more than 12 months ③ Come to apply within 60 days after the company terminates or terminates the labor contract

1. Participation The insurance unit shall issue two "Certificates of Dissolution (Termination) of Labor Relations", one to the Unemployment Insurance Center and the other to the Labor Dispute Arbitration Committee of the Labor and Social Security Bureau for record.

2. The Unemployment Insurance Center will conduct a strict investigation and verification of the situation based on the "Certificate of Dissolution (Termination) of Labor Relations" issued by the insured unit (the unemployed person will bring the labor contract signed with the unit) to confirm that it is correct. 2 "Unemployment Insurance Application Registration Forms" and 1 "Unemployment Job Search Registration Form" will be issued.

3. Unemployed persons should carefully fill out all the columns on the front of the "Unemployment Insurance Application Registration Form". In the space for comments from the family planning unit on the back, please go to the family planning unit where you have your registered permanent residence to have it stamped. Please fill out the "Job Registration Form" carefully. Note: If your household registration is in the city, please go to the family planning office of the subdistrict office where the household registration is located to get a seal; if the household registration is in a rural area, please go to the township (town) family planning office where the household registration is located to get a seal. Neighborhood committee members, village committee members, and community family planning regulations all do not meet the requirements.

4. Submit three one-inch color photos and a copy of the unemployed person’s ID card.

If workers meet the above conditions, they can go to the district-level labor and social security department at the place of household registration or temporary residence to apply for unemployment insurance benefits.

★ Discussion on the random transfer of employees’ jobs:

Transfer of jobs. If your employment contract contains a stipulation on your job position, if your employer wants to transfer your position, it must obtain your consent, otherwise it will be deemed a breach of contract.

If it is just a general agreement, you can ask the company to give you a written reason why you are not qualified for the original job.

If there is a compulsory job transfer, you can resign and ask your employer to compensate you. If your employer directly fires you, you can ask for financial compensation for illegal termination of the labor contract, etc.

★ Discussion on the five insurances and one fund:

1. Regarding the five insurances and one fund, according to the relevant provisions of the "Labor Law" and the "Social Insurance Law", the employer is the employee Paying social insurance is the legal obligation of the employer, which is obviously mandatory by the state. The employer shall not refuse to assume this legal obligation for any reason or excuse.

2. The payment of social insurance is borne by both the employer and the worker. Pension insurance, unemployment insurance, and medical insurance are jointly borne by the employer and the worker. , maternity insurance and unemployment insurance are borne by the employer, of which the employer has to bear 13% of the pension insurance, the employee has to bear 8%, the medical insurance employer has to bear 6%, the employee personally bears 2%, and the unemployment insurance employer has to bear 2% %, and the employee shall bear 1% personally;

3. If the unit fails to pay the five insurances and one fund, it is a violation of the provisions of the "Labor Contract Law". The employee can claim to pay the five insurances and one fund, or Complain to the local social security department, and the local social security collection agency will order the employer to pay or make up the amount within a time limit. If the employer fails to pay or make up for the social security premiums overdue, the social security collection agency may inquire its bank account with the bank or other banks, and may apply to the administrative department at or above the county level to allocate the social security premiums, and notify the account-opening bank or other financial institution in writing to allocate the social security premiums. Social insurance premiums. If the employer's account balance is less than the social insurance premiums that should be paid, the collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.

★Discussion on not signing a contract with the employer:

If the employer fails to sign a contract with its employees, it violates the currently implemented Labor Law and Labor Contract Law.

Theoretical basis: Article 10 of the "Labor Contract Law": To establish a labor relationship, a written labor contract must be concluded.

If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Interpretation: The only criterion for establishing a labor relationship is the actual provision of labor. Regardless of whether the employee has signed a written labor contract, he or she will receive equal protection.

If the written labor contract is signed first and the actual employment comes later, the labor relationship is established from the date of actual provision of labor; if the actual employment is signed first and the written labor contract is signed later, the labor relationship is established earlier than the written labor contract, and the labor relationship is established from the date of actual employment. Not affected by failure to sign a written labor contract.

(1) Written labor contracts are the only legal form of labor contracts. Oral labor contracts are not recognized. If an oral labor contract is reached, it will be deemed that no labor contract has been signed;

(2) Labor Once the relationship is established, a written labor contract should be signed, and the written labor contract should be concluded within one month;

(3) The employer has not concluded a labor contract with the employee for more than one month but less than one year since the date of employment. If there is a written labor contract, the employee shall be paid twice the monthly salary.

★Discussion on units withholding deposits, deposits or other documents and items:

It is illegal for units to withhold deposits, deposits or other certificates and items.

Reasons:

Article 9 of the "Labor Law" When an employer recruits workers, it shall not detain the workers' resident identity cards and other documents, or require the workers to provide guarantees or Collect property from workers in other names.

For violations of the above regulations, workers can report to the public security department and labor department, and the two departments should order the employer to return it to the worker immediately.