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Is it better to quit your job or work in SDIC's new mine?
1. The employer has Article 38 of the Labor Contract Law. You can leave your job immediately after you propose to dissolve the labor relationship in writing, without the consent of the employer, and you can request to pay the remaining salary and economic compensation (every job 1 year 1 month salary) and go through the resignation procedures.
2. According to Article 37 of the Labor Contract Law, you can leave your job in writing 30 days in advance without the consent of the employer. Among them, the probation period is put forward in writing 3 days in advance; The employing unit has the obligation to settle the salary and go through the resignation formalities.
3. You didn't leave your job 30 days in advance, and the employer didn't have Article 38 of the Labor Contract Law. You just handed in your resignation letter and left. At this time, you have violated the law, and the employer may require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.
Second, the notice of termination of labor relations can be sent to the employer by express delivery or registered mail (that is, popular resignation letter and resignation report) to facilitate the retention of evidence. If the employer fails to pay your salary or handle the resignation formalities for you, you can solve it by applying for labor arbitration;
3. The termination of the labor relationship between the employer and you (or dismissal or dismissal) can be divided into the following three situations. Decide what kind of situation you belong to, but you should pay economic compensation or compensation, and you can apply for labor arbitration within 1 year to safeguard your legitimate rights and interests:
1. If the employer terminates the labor relationship with you or pays any economic compensation without reason, you are not at fault, and there is no situation stipulated in Article 39 of the Labor Contract Law. You can conclude that the employer's behavior belongs to the illegal termination of the labor contract stipulated in Article 87 of the Labor Contract Law, and should pay you compensation, that is, pay you 2 months' salary for each year of work, 2n;
2. If the employer terminates the labor relationship with you according to the provisions of Article 19 of the Regulations for the Implementation of the Labor Contract Law, and if it meets the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, pay you one month's salary for each year of work, n; According to Article 40 of the Labor Contract Law, you should also pay 1 month's salary as payment in lieu of notice, n+1, without notifying you in advance;
3. You have the circumstances stipulated in Article 39 of the Labor Contract Law. If the employer terminates the labor relationship with you, you don't need to pay any economic compensation and you don't need to inform you in advance; But this requires the employer to provide evidence and notify you in writing to terminate the labor relationship.
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