Can I resign after signing a labor contract?

Source: Internet
Author: User

After the laborer and the employer have reached agreement between the two parties to enter into a labor contract to become a formal labor relations, the signing of the labor contract is a period of time, then sign the contract can resign? Please read the following article for a detailed understanding of it.
Can I resign after signing a labor contract?
The labor contract law stipulates that workers shall be relieved of the labor contract by notifying the employer in writing in advance of 30th. Workers in the probation period in advance 3rd notice to the employer, the labor contract can be lifted.
So the contract is not due to resign is also possible, as long as 30 days in advance notice the employer can be, as for the compensation problem, in general, is not compensable, in the following circumstances may be liable to assume breach of contract.
If the employing unit provides special training expenses for the laborer, and carries on the specialized technical training for the laborers, it may enter into an agreement with the laborer and stipulate the service period.
If the laborer violates the service period, it shall pay the defaulting payment to the employing unit in accordance with the agreement. The amount of liquidated damages shall not exceed the cost of training provided by the employer. The employer requires that the liquidated damages paid by the laborer shall not exceed the cost of training to be apportioned during the period of service not fulfilled.
If the employer and the laborer agree to the service period, they shall not affect the labor remuneration during the service period according to the normal wage adjustment mechanism.
I. Conditions for termination of labor
The laborer must abide by the legal procedure while exercising the right to relieve the labor contract, mainly in two aspects:
1, abide by the release of the notice period stipulated labor contract cancellation notice period is the practice of national labor legislation. Workers in the enjoyment of the dissolution of the labor contract at the same time, should also abide by the cancellation of the contract notice period, that should be 30 days in advance to notify the employer to be effective, that is, the laborer in writing to inform the employer should continue to work for at least 30 days, so that the employer timely arrangements to replace their work, maintain the continuity , to ensure the normal work order, to avoid the dissolution of the labor contract affect the enterprise's production and operation activities, to the employing units caused unnecessary losses. At the same time, this also enables workers to legalize labor contracts. Otherwise, it will constitute an illegal dissolution of the labor contract, and will be liable to liability.
2, the written form of notice to the employer, whether laborers or employers in the dissolution of the labor contract, must be in writing to inform each other. Because the determination of this time is directly related to the commencement of the notice period, but also related to the wages of workers and other interests, it must be used in a cautious manner to express. This article also provides for the labor contract with the employing unit in the probation period. The probation period is not only the period of the employer to investigate the situation of the new recruits, but also the employment conditions of the workers, and the new recruits to inspect the working conditions of the employing units and whether the labor remuneration is in accordance with the selection period stipulated in the labor contract. During the probation period, the labor relationship between the laborer and the employing unit is in an uncertain state, and the laborer has the right to choose whether to establish a formal labor relationship with the employing unit. For this reason, in the probation period, the laborer found that the actual situation of the employing unit does not conform to the actual situation introduced in the conclusion of the labor contract, or finds that he is unfit to engage in the work of the job, and that there are other circumstances which cannot perform the labor contract, and the laborer can notify the employer to rescind the labor contract without any reason However, the employer should be notified in advance 3rd so that the employer can arrange for the personnel to take over their work.
Second, whether the company can refuse the resignation of employees
The labor law of the People's Republic of China 31st stipulates that: "The labor contract shall be released in writing to the employer in advance of 30th, and the right of the employee to resign is expressly granted, the right is absolute, and the laborer unilaterally relieves the labor contract without any substantial conditions, only to fulfill the obligation of advance notice ( That is, in advance of 30th written notice to the employer). The former Ministry of Labor office in the "work on the labor contract to relieve the letter of the reply" also pointed out: "Workers in advance 30th in writing to inform the employer, is both the procedure to relieve the labor contract, but also the conditions of the dissolution of the labor contract." The laborer shall notify the employing unit in writing in advance of 30th, and terminate the labor contract without obtaining the consent of the employing unit. More than 30th, the laborer to the employer to deal with the dissolution of labor contract procedures, employing units should be handled.
Third, the resignation need to compensate the company loss?
On the one hand, the labor law gives employees the right to resign, and on the other hand gives the employer the right to claim damages. 102th of the Labor Law stipulates that: "If the laborer violates the conditions stipulated in this law to relieve the labor contract or violates the confidentiality stipulated in the labor contract, it shall bear the liability for the economic loss of the employing unit"; The former Ministry of Labor in violation of the labour contract provisions of the compensation measures The 4th article expressly stipulates the scope of the compensation: "The laborer violates the stipulation or the labor contract agreement rescission labor contract, causes the loss to the employing unit, the laborer should compensate the employer the following loss:
1, employing units to recruit the costs paid for their recruitment;
2, the employer for its payment of training costs, the parties have agreed to deal with the agreement;
3, the direct economic loss caused by production, operation and work;
4. Other compensation costs stipulated in the labor contract.
Employees voluntarily put forward and enterprises after the dissolution of the labor contract, some employees in writing to notify the employer after 30th, the initiative to leave, disregard the employer's compensation requirements, employing units do not give workers to handle personnel relations and file transfer procedures, staff after the separation of personnel relations and files long-term retention in the original employing units; Cause the workers in the new work unit can not handle labor insurance, can not handle the politics careful formalities, influence technical title assessment, can not further study and lost the opportunity to apply for civil servants. Therefore, the employee in the employment unit because of the dissolution of the labor contract compensation losses in the dispute should be within 60 days in time to the employer in the region, the county labor dispute Arbitration committee to bring labor dispute arbitration.
From the above provisions, we can know that workers after signing a labor contract can also resign, but need to inform the employer in advance. Usually, it is not necessary to compensate the unit, of course, if the employee resigned to the unit caused economic losses, it is an exception. More relevant knowledge, welcome to the Lawyer 365 website for detailed understanding.

Can I resign after signing a labor contract?

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