Sunshine City Property Wage

Forced resignation less than 30 days belongs to voluntary resignation, and workers need to compensate for the losses caused to the employer. If the Social Security Bureau does not issue a social security transfer certificate, it can only be issued by the original unit.

Regulations on the Implementation of the Labor Contract Law of the People's Republic of China

Article 26 If the service period is agreed between the employer and the employee, and 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 laborer seriously violates the rules and regulations of the employing unit;

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

(3) Laborers establish labor relations with other employers at the same time,

(4) The laborer enters into or changes a labor contract against his true intention by means of fraud or coercion or taking advantage of the danger of others;

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

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.

Extended data

Self-separation:

Xue Chunjuan refused to accept the company's adjustment of her post, but employee Chen Mou left without authorization and sued the company for compensation. On August 29th, the reporter learned from the People's Court of zhanggong district, Ganzhou City, Jiangxi Province that the court rejected Chen Mou's claim.

The court of first instance found through trial that Chen Mou worked in a property management company from September 2065438 to June 26, 20 10. From September of 10 to May 30th of 20 13, the defendant did not sign a labor contract with the plaintiff. On June, 2065438 1 day, the defendant signed a two-year labor contract with the plaintiff, stipulating that the plaintiff's post was a coordinator. The defendant can change the plaintiff's post at any time according to the needs of the post.

On June 24 of the same year, the defendant issued a notice of transfer, transferring the plaintiff to Zhongmin Sunshine City Service Center as assistant manager, and asked the plaintiff to report on June 27. The plaintiff refused to transfer on the grounds of physical illness and did not go to work with the defendant after June 26th. /kloc-In July of 0/5, the plaintiff went through the resignation procedures and settled his salary.

It was also found that the plaintiff's salary from September +00, 2065438 to May +0 10 was100 yuan; From May to June of 20 1 1 year, the salary is 1600 yuan; The salary after 20 12 1 1 month is 1300 yuan.

After trial, the court of first instance held that the written labor contract signed by the original and the defendant was sufficient to prove that the defendant adjusted the plaintiff's post according to the work needs, which was in line with the agreement of both parties. The plaintiff said that the defendant adjusted his post and increased his working hours, but his salary was not adjusted. The defendant's post adjustment was illegal, because he did not provide valid evidence to prove it and refused to accept it.

In addition, the plaintiff stopped working in the defendant's office on June 27, 20 13, and did not ask for leave, which can be regarded as that the plaintiff unilaterally terminated the labor contract; The plaintiff's salary in June of 20 13 should have been paid in the following month, so the plaintiff claimed that the defendant did not pay the salary in June, which forced him to resign.

The plaintiff's request for the defendant to pay economic compensation does not conform to the provisions of Article 46 of the Labor Contract Law of People's Republic of China (PRC), so it is not supported. Accordingly, in accordance with Article 64 of the Civil Procedure Law of People's Republic of China (PRC) and Article 2 of the Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the plaintiff Chen Mou's claim was rejected.

People's Network-Refused to accept the arrangement, resigned angrily, and the court decided to leave automatically.