What are the provisions of the labor law on emergency resignation?

There is no such thing as emergency resignation in the labor law.

I. About the time of resignation:

1, the probation period is 3 days earlier.

2. After the probation period expires, the employer shall be notified in writing 30 days in advance.

3. If it is negotiated with the unit, you can resign within the agreed time.

Second, the provisions of the labor law on resignation:

1. The employee and the employer reach an agreement to terminate the labor contract.

Article 24 of the Labor Law stipulates that the parties to a labor contract may terminate the labor contract through consultation.

2. The laborer unilaterally terminates the labor contract.

According to Article 18 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, one of the following circumstances occurs:

(1) The employee and the employer reach an agreement through consultation;

(2) The employee shall notify the employer in writing 30 days in advance;

(3) The employee notifies the employer 3 days in advance during the probation period;

(four) the employer fails to provide labor protection or working conditions in accordance with the labor contract;

(five) the employer fails to pay the labor remuneration in full and on time;

(six) the employer fails to pay social insurance premiums for workers according to law;

(seven) the rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(8) The employing unit uses fraud, coercion or taking advantage of a person's danger to make the employee conclude or change a labor contract against his true meaning;

(nine) the employer exempts itself from legal responsibility and excludes the rights of workers in the labor contract;

(10) The employer violates the mandatory provisions of laws and administrative regulations;

(1 1) The employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom;

(12) The employer illegally directs and forces risky operations to endanger the personal safety of workers;

(13) Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations.

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.

3, the laborer's liability for breach of contract

According to Article 26 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, the employer and the employee have agreed on the service period, and if the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, it is not a violation of the service period agreement, and the employer may not require the employee to pay liquidated damages.

Under any of the following circumstances, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the labor contract:

(1) The employee seriously violates the rules and regulations of the employer;

(2) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit;

(3) 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;

(4) The employer enters into or changes a labor contract against the true meaning of the employee by means of fraud, coercion or taking advantage of the danger of others;

(5) The laborer is investigated for criminal responsibility according to law.

Extended data:

There are two ways to bear the liability for breach of contract:

1, loss compensation method, that is, it is agreed that the breaching party will compensate the other party for the economic losses caused;

2, agreed liquidated damages, in this case, it should be noted that the specific amount should be determined according to the employee's affordability, so that there will be no obvious unfairness.

In addition, the so-called breach of contract is not a general breach of contract, but a serious breach of contract, which leads to the inability to continue to perform the labor contract, such as employee breach of contract and illegal termination of employee contract by the unit.

Baidu Encyclopedia: Labor Contract