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I just left Nikon in Wuxi. Can I go in now?
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 his 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., so as 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.
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