How Hengfeng employees resigned and worked for two years

During the labor contract period, there are three situations when an employee proposes to terminate the labor contract:

1. The employer falls under Article 38 of the Labor Contract Law and the employee proposes to terminate the labor contract in writing After the labor relationship, you can leave immediately without the approval of the employer, and you can request to pay the remaining salary and economic compensation (one month's salary for every year of work) and go through the resignation procedures;

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. If the employee does not submit his resignation 30 days in advance, and the employer does not fall under Article 38 of the Labor Contract Law, the employee directly submits a letter of resignation and leaves. At this time, the employee has violated the law and will be punished by the employer. The employer may be required to bear the direct economic losses caused by the unit and the expenses incurred in recruiting the worker.

Article 37 of the "Labor Contract Law" stipulates that an 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;

(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 To terminate the labor contract;

(2) The employer proposes to terminate the labor contract to the employee in accordance with 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.