Is it reasonable and legal to leave the factory?

1, "Is it reasonable and legal to leave the factory?" ：

(1) Unreasonable is certain, but if you want to take legal channels to protect rights, you don't have to ask whether it is reasonable or unreasonable, just find out whether it is legal or not.

(2) The factory's practice is illegal and seriously violates the labor law and the labor contract law.

2. Illegal places:

(1) If you want to resign: According to Article 37 of the Labor Contract Law, you only need to notify the company in writing 30 days in advance (the probation period is 3 days earlier), regardless of whether the company agrees or not. Pay attention to keep the evidence that has been notified in writing.

The factory stipulates that "you can't leave your job less than half a year, and you can't leave your job until half a year (this is not explained or marked when recruiting)", because it is a serious violation of the provisions of the Labor Contract Law, even if it is written in the labor contract or factory regulations, it is invalid because it is illegal.

Attachment: Article 37 of the Labor Contract Law: A laborer 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.

(2) The regulations on overtime pay are illegal: overtime should be agreed by the workers, and the overtime pay is 150% at ordinary times, 200% on rest days and 300% on national statutory holidays.

(3) The Regulations on Handling Resignation of Employees is illegal: "If you want to resign, there are two ways for you to choose, one is to leave the factory automatically (you can't settle your salary), and the other is to leave urgently (deduct one month's basic salary)";

No matter whether the employee's resignation is illegal or legal, the factory has no right to deduct wages without settlement;

Resignation for emergency work: As long as a written notice is given 30 days in advance (3 days in advance of the probation period) according to the provisions of the Labor Contract Law, it is not illegal to resign for emergency work, and employees' wages cannot be deducted, nor can they claim compensation for factory losses;

If the employee fails to resign in accordance with the law, the factory has no right to deduct wages, but has the right to ask the employee to compensate for the actual losses caused to the factory by his resignation.

3. Recommendations:

(1) Inform the factory in writing 30 days in advance that you want to resign, and you can leave after 30 days (if you have evidence to prove that the factory is in arrears with overtime pay: you can leave immediately after notifying the factory in writing that you want to resign, without waiting for another 30 days, and you can also ask the factory for financial compensation of about half a month's salary.

(2) For the overdue overtime: you can collect evidence and file a labor arbitration claim.

(3) For the wages deducted when resigning: you can report to the local labor inspection brigade; You can also bring labor arbitration together.

(4) If you don't sign a contract with you, you can also ask for double monthly salary, from the time you work for one month until you terminate the contract.

(5) Failure to pay social security for you: You can ask for a supplementary payment.