Resignation is resignation, is the worker to the employer to propose the termination of the labor contract or labor relations.
If you really want to resign and go, the trial period 3 days in advance, non-trial period 30 days in advance to submit a notice of resignation to the employer, when the employer approved or not, agree or not you are called to go according to the law, and the consequences of this have nothing to do with you.
★ Resignation generally has three circumstances:?
One is the immediate termination of labor relations in accordance with the law (editors order name fast resignation), such as the employer of the employee with violence or threatening behavior to force its labor, not according to the contract agreement to pay wages, etc., the employee can always put forward to the employer to terminate the labor contract requirements;
The second is according to the employee's own choices (editors order name slow resignation), 30 days in advance to notify in writing the The third is to apply to the employer for the termination of the labor contract (the editorial order name consultation resignation), and both parties agree to terminate the contract.
(Note: notice of resignation is recommended to be best sent to the employer by courier company or post office registered mail, which is to retain evidence.)
★ Discussion on the issue of wages:
Employees work for the company, pay the labor, the company should pay the corresponding labor compensation for employees, such as not paid in full and on time, belong to the behavior of arrears of wages, is an illegal act, which can be? to report.
1, to the local labor inspection department complaints, or call the hotline 12333.
2, to the Human Resources and Social Security Bureau to apply for labor arbitration.
3. Go to the local people's court to file a lawsuit and apply for a payment order.
According to the Interim Provisions on the Payment of Wages
Article 7 Wages must be paid on the date agreed upon between the employer and the worker?
Article 9 When both parties to a labor relationship cancel or terminate a labor contract in accordance with the law, the employer shall pay the worker's wages in one lump sum at the time of the cancellation or termination of the labor contract.
Article 18 The labor administrative departments at all levels have the right to monitor the payment of wages by employers. If an employer commits any of the following acts of infringing upon the lawful rights and interests of workers, the labor administrative department shall order it to pay the workers' wages and economic compensation, and may also order it to pay compensation:
(1) withholding or defaulting on the payment of wages to the workers without any justification;
(2) refusing to pay the workers' wages for prolonged working hours;
(3) paying workers' wages at a rate lower than the minimum wage in the locality.
The employer shall be entitled to monitor the payment of wages. workers' wages.
The standards of economic compensation and indemnity shall be implemented in accordance with the relevant state regulations.
★ Relevant Regulations of the Labor Contract Law
Article 30 The employer shall pay the labor remuneration to the workers in full and on time in accordance with the agreement of the labor contract and the provisions of the state.
If an employer is in arrears or fails to pay labor remuneration in full, the worker may, in accordance with the law, apply to the local people's court for an order for payment, and the people's court shall issue the order for payment in accordance with the law.
Article 77 Where the lawful rights and interests of a laborer are infringed upon, he or she shall have the right to request the relevant authorities to deal with the matter in accordance with the law, or to apply for arbitration or bring a lawsuit in accordance with the law.
Article 85 If an employer has any of the following circumstances, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a certain period of time; if the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; if the payment is not made after the expiration of the period of time, the employer shall order the employer to pay the laborer an additional amount of compensation in the amount of fifty percent or more of the amount payable, up to one hundred percent of the amount payable.
★Workers leave their jobs or terminate the labor contract with the employer, in accordance with the Labor Contract Law, there are usually the following cases:
1, the employer exists in the case of Article 38 of the Employment Contract Law, the worker can immediately go after the written termination of the labor relationship does not require the employer's approval, and can be required to pay the remaining wages and economic compensation (for every one year of work to pay), and for the separation of labor. 1 month's salary for every 1 month's work) and for separation formalities;
2, according to the labor contract law, article 37, the worker 30 days in advance of the written separation, do not need the employer's approval can be separated. Among them, the probationary period 3 days in advance in writing; the employer is obliged to settle the wages for separation procedures.
3, the employer also does not exist in the Labor Contract Law, Article 38 of the situation, the worker directly submit a letter of resignation to leave, to the employer caused by the direct economic loss, recruitment of the worker incurred costs, the employer can require the worker to bear.
Article 37 A worker may terminate an employment contract by giving thirty days' notice in writing to the employer. A worker may terminate an employment contract by giving three days' notice to the employer during the probationary period.
Article 38 A worker may terminate an employment contract if the employer does any of the following:
(1) fails to provide labor protection or labor conditions as agreed in the employment contract;
(2) fails to pay labor remuneration in full and on time;
(3) fails to pay social insurance premiums for the worker according to law;
(4) Where the rules and regulations of the employer violate the provisions of laws and regulations to the detriment of the rights and interests of the workers;
(e) Where the labor contract is invalidated due to the circumstances stipulated in the first paragraph of Article 26 of this Law;
(f) In other cases where the laws and administrative regulations stipulate that the workers may terminate the labor contract.
If an employer forces a worker to work by means of violence, threat, or unlawful restriction of personal freedom, or if an employer directs or orders risky work in violation of regulations, endangering the personal safety of the worker, the worker may terminate the employment contract immediately without prior notice to the employer.
Article 46 If one of the following circumstances exists, the employer shall pay economic compensation to the worker:
(1) If the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) If the employer proposes the termination of the labor contract to the worker in accordance with the provisions of Article 36 of this Law, and terminates the labor contract by mutual consent with the worker;
(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 the first paragraph of Article 41 of this Law;
(5) The fixed-term labor contract is terminated in accordance with the provisions of the first paragraph of Article 44 of this Law, except for the case in which the employer maintains or raises the terms and conditions of the labor contract for renewal of the labor contract, and the laborer does not agree to the renewal of the labor contract. (f) Termination of the labor contract in accordance with the provisions of the fourth and fifth subparagraphs of Article 44 of this Law;
(g) Other cases stipulated by laws and administrative regulations.
Article 47: Economic compensation shall be paid to a laborer at the rate of one month's salary for each full year of employment with the employer. If more than six months but less than one year, one year shall be counted; if less than six months, the economic compensation shall be paid to the laborer in the amount of half a month's salary.
If the worker's monthly wage is higher than three times the average monthly wage of the workers in the region for the previous year as announced by the people's government of the municipality directly under the central government or the municipal people's government of the district in which the employing unit is located, the standard of economic compensation payable to the worker shall be at the rate of three times the average monthly wage of the workers, and the maximum number of years for which economic compensation shall be payable to the worker shall be not more than twelve years.
The monthly wage referred to in this Article refers to the average wage of the worker in the twelve months prior to the dissolution or termination of the labor contract.
Article 50 An employer shall issue a certificate of termination of labor contract upon termination of labor contract and shall, within fifteen days, handle the transfer of files and social insurance relations for the worker.
Laborers shall handle the handover of work in accordance with the agreement of both parties. If the employer shall pay economic compensation to the laborer in accordance with the relevant provisions of this Law, it shall be paid at the time of completing the handover of work.
The employer shall keep the text of the canceled or terminated labor contract for at least two years for inspection.
★Related regulations on unit dismissal of employees
Unit unilaterally terminate the labor relationship is illegal, you can ask for economic compensation and double wages compensation. If the negotiation fails, go to the labor inspection department to complain or apply for labor arbitration to protect your rights.
To terminate the labor relationship, the employer should notify the worker in writing 30 days in advance, otherwise, you need to pay one month's wages in lieu of notice
1, no labor contract, the worker has the right to ask for the signing of an open-ended labor contract, and the right to ask for the unit to pay double wages;
2, Article 48 of the Labor Contract Law Employers in violation of the provisions of the Law, to terminate or Article 48 of the Labor Contract Law: If an employer terminates or suspends a labor contract in violation of the provisions of this Law, and the worker requests the continuation of the labor contract, the employer shall continue to perform the contract; if the worker does not request the continuation of the labor contract, or if the labor contract can no longer be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law. The employer shall pay compensation to the laborer in accordance with the provisions of Article 47 of this Law.
3, the termination of the labor relationship, the employer shall notify the workers in writing 30 days in advance, otherwise it is required to pay one month's wages in lieu of notice;
4, the workers have the right to request the unit to make up for the payment of social insurance;
5, the workers have the right to request the employer to pay the arrears of wages as well as overtime wages for holidays;
6, if the employer fails to pay. You can complain to the labor inspection department, and if necessary, you can also directly apply for labor arbitration to protect your legal rights and interests.
If there is no signed labor contract, the worker has the right to ask for an open-ended labor contract, and the right to ask the unit to pay double wages.
Appendix:
★ How to Write a Resignation Letter
A resignation application usually consists of five parts: title, title, body, conclusion, signature and date.
1, title
In the first line of the letter of resignation in the middle of the name of the letter of resignation. General letter of resignation by the subject and the type of name **** with the composition, that is, "letter of resignation" as the title. The title should be eye-catching, slightly larger font.
2, address
Requirements in the title of the next line at the top of the line to write the resignation letter to accept the name of the organization or leader of the unit or the name of the name of the address, and address after a colon.
3, the body
The body is the main part of the letter of resignation, the body generally includes three parts.
First of all, we should write a letter of resignation, open the door for people to see.
Secondly, describe the specific reasons for submitting a letter of resignation. The content of the requirements of the resignation of their own details listed out, but pay attention to the content of the single and complete, in order to make people know at a glance.
Finally, to write their own determination to submit a letter of resignation and personal specific requirements, I hope the leadership to solve the problem.
4, the end
The end of the request to write the words of respect "salute", meaning very clear: here to you salute.
5, paragraph
Resignation of the letter of resignation required to write the name of the resignation and the specific date of submission of the letter of resignation.
Attention to taboos
1, do not speak ill of your boss. If you think it is necessary to reflect to the management of the supervisor's problems, to try to euphemistic words verbalized.
2, do not be full of complaints and attack the company system.
3, don't blame your colleagues, especially avoid writing your colleagues' "crimes" in black and white on your resignation.
Writing requirements
1. Attitude, polite wording.
2. Do not criticize each other.
3. Be subtle.
4. Simplicity.
5. Be sure to use your own handwritten signature, and sign as rigidly as possible, and date it.
★ 10,000 people liked the cattleman resignation notice of the beautiful appreciation
1, respected leaders:Word of the world trend, divided for a long time will be united, united for a long time will be divided! Although from the ancient book of the three kingdoms, I think it is also beneficial to today's affairs.
Today, we are experiencing a hundred years of economic crisis, try to look at the global economic situation, can be described as a disaster, the people do not want to live, the manufacturers, workers, workers are all complaining of suffering, the Secretary for a person who felt this, can not help but think of their own situation, not win the sadness of the call!
Secretary of this cloth, from a humble background, plowing in Ji'nan Xingzhou earth, to survive in the world, rich and noble not to seek to hear, but to seek food and clothing to the disabled. But now the cool to carry on, the Division since last year in early April to the work of the Society so far, has been more than a year, a few degrees of spring and fall, a few degrees of winter and summer, the passage of time over more than three hundred days and nights. At the beginning, I was a spirited young man, young and wild, dreams flying, want to show their ambitions in the Society, one for the group to add light and color, and the second is for their own clothing and food, the best of both worlds, is not it great?
Spite, a year of time, I not only did not show their skills, and shy, high debt, bad clothes and food, to stop the party. All friends left, there are; contempt, there are; spurned, there are. All because of the Division of a former outstanding teenager, but completely lost themselves to this. The company's monthly nine hundred dollars is actually the basic salary, post allowance and meal allowance.
Friends cloud: "very much, not wise you, is tolerated so far, not dead why?". The first time I saw this, I was in the middle of the night." Yu sweat, I do not want more whole number of silver, on the said up to the sky, the next to stand up to the ground, in the gas; however, Yu originated from the agricultural, is bitter are able to, are all things are tolerated, but the end of the merit, conscientious, food and drink is not yet resolved.
The face of the man is now an old man's face, why? Food is not enough, not enough power, talent beauty does not appear, so it is like a thousand miles of horse, although there are thousands of miles of energy, but there is no choice but to starve to death in the circle carry on!
The Division is not talented, do not dare to call themselves a horse, but I know that it is not mediocre.
People standing in the world, need a skill long, Secretary of a very low self-esteem, do not dare to claim to be full of experience, but to cope with the text of the matter is also in the words; however, a year since, every time I look into my heart, not patting myself on the back, to the head of the ground, and want to shed a few tears in front of the lapel. Why? The long night, sleepless, tossing and turning, the ugly memory of the past, sad from the heart.
Shame on the teacher's view as Yan Yuan, shame on the fellow students of the gift of the crown of the school.
The daily work is only "clean" two words ...... that is, cleaning the house several, pouring water tea, wipe tables and chairs, ushered in, hypocritical polite, hovering in the "leadership". The "leaders" are all over the place. Day after day, month after month, since the order, the long-awaited sigh of concern, conscientious, terrified, afraid of some omissions slack ...... now supporting the knee to sigh, how sad!
The peach blossom thanked the spring red, too hasty, helpless towards the cold rain and late wind. Years like water, suddenly over four, a blank look back, get geometry? The first thing I'd like to do is to get the best out of you, and then I'd like to get the best out of you!
Income - material: work in December, the first three months of 600 per month, after September 900 per month, the area of thousands of a year is not enough to solve the Secretary for food and clothing, not to mention the clothes and games, quality of life; spirit: suffering from the blow torment, a year of the new mastery of a skill, that is, cleaning, the Secretary for a seven-foot male, undergraduate Graduates, its untalented to the extent that not for the cleaner column.
Therefore, it made its young and wild heart instantly old, no longer vitality; a year since, Si Mou coy, serving others than caring for their own, what it seeks, only daily subsistence problems, but with the soaring prices, the solution to this problem is not available.
Lost - lost time, wasted youth, worn off the edges, delayed the good years, ashamed of the father and older siblings and neighbors, for the people of Zunxian exhaustion.
However, why is the youth of the Hall of the young people of the Division of the repression to the point of force solid so far, the only reason: waiting for the legend of the people look forward to the wage increase in the ear, the enterprise to meet the Division of a life, really poor, blame the Division of a young and ignorant, and even stupid to wait for a year, and ultimately unfruitful.
Thousands of foreign debt is also no hope of repayment, so the Secretary someone epiphany: here is the tomb of the young people, its function: annihilation of dreams, burying the youth, wear down the will to fight, wear and tear, waste of time, and so on. Therefore, the epiphany of the Division of a person, this will not be consumed in this, parting of the road.
Saying that the world situation, divided for a long time will be united, united for a long time will be divided! Both here do not stay Division I, Division I also inconvenient to continue to disturb your place, both can not two cherish, why not two away, from now on, each other forgotten in the jianghu! With a determined gesture!
Today, I implore the enlightened leadership to allow the humble and incompetent employees of the Division I resigned, I am grateful!
Year * month * day
2, I resigned, I have a heart. The former Tianshan a goodbye, take the scriptures to the east, go home for thousands of miles, traveled to the capital. I'm not sure if I'm going to be able to do that, but I'm going to be able to do it, and I'm going to be able to do it.Once the school is completed, the northeast and look, the age of two or three, the wind is in full bloom, inspiring the heart from the inspection, the sunset and the night. The first thing you need to do is to find a way to get the job done, and then you can do it. I don't realize that spring and autumn, summer and winter are easy, white clouds, the sea changes, fifteen years of time will be gone in a flash. But the scholar's spirit, seeks the road of exhaustion.
The ambition of the chest, the block is difficult to eliminate. The first time I saw this was when I was a student at the University of California, Berkeley, and I was a student at the University of California, Berkeley. The first thing I want to do is to get the money to pay for it. The first thing I want to do is to get the money to pay for it. The way of officialdom is all a floating cloud. I am a good man and a good man, and I am a good man to God. The wind and the rain are like darkness, and the rooster crows alone. How can I live with the feeling of returning to the second place?
Since I started my career as a prosecutor, I have not sought to be prominent in the court, but I hope that I will not be ashamed of myself. Though my heart has been enslaved to my form and I have been sick, I have not been able to fall for a moment, nor have I ever left my path for a moment. I have tasted the east gao and look at the wild, futile shu tsao and lost, sighing what branch can rely on. Always introspective, often realize, but repenting of their actions, the evening is the same. This is a long time to go back and forth, and I can't get enough of it. I'm not sure if I'll be able to do that, but I'm sure I'll be able to do it again," he said.
The poem says: "The flies stop at Fan. I'm not sure if this is a good idea, but I think it's a good idea. I'm not sure if it's a good idea, but I'm sure it's a good idea for me. The yellow chrysanthemums of the year, a thousand years east hedge, accompanied by my tired birds, antler my house. The past is not to be admonished, but the future is to be pursued. I would like to be drunk in the company of a carriage, and sing wildly in front of the five willows.
Returning to the city! The boat has passed away since then, and the river and the sea have sent us the rest of our lives.
Return! How long will you live? I'm not going to be able to do anything I want to do, but I'm going to do what I want to do. I'm going home with my boots on, and my zebras are chirping!
Cheng Shen A Wu ****ton head.
★ 3, other strange resignation letter:
①, the weather is too cold, can not get up. ②, the outside world is so big, I want to go out to see. ③ I'm tired and don't want to do it.(Editor's comment: these three resignation notices, simple, easy to learn, easy to imitate, quickly get it done, do not need talent, do not bother to labor.)
★ Resignation notice for the following matters of exposition:
1, handover matters.
2, return all the company's things (including receiving to return, claiming the imprest, etc.), to return to all things belonging to their own personal
3, check the attendance of the month of departure as well as the settlement of wages.
4, get the personnel department of the separation file, including the certificate of separation, social security payment vouchers, provident fund gold dragon card and employment and unemployment registration card (if you have it, get it, but not if you do not get it).
5, find the next unit, the same area can continue to pay social security, provident fund is temporarily blocked in your last (leaving the unit of this unit), you need to open the enterprise provident fund acceptance letter to the last unit for the transfer of provident fund. If you have a personnel file, you will have to go to the next unit to receive it.
6. Save your labor contract and use it for retirement later.
★ Discussions on automatic separation:
According to the "on automatic separation and absenteeism removed how to define the reply" (Labor Office [1994] No. 48), "on the enterprise to deal with the issue of unauthorized departure of the staff of the reply" (Labor Office [1993] No. 68) stipulates that: automatic separation refers to the termination of labor relations of the employee does not fulfill the dissolution of the formalities, unauthorized leave without leaving the post, or (b) The termination procedures are not completed and the employee leaves the organization. Employees who leave their jobs automatically are liable for breach of contract, and the employer who hires a new employee who leaves his job automatically shall be jointly and severally liable for any economic loss caused by the original employer. It should be noted here that, according to the relevant documents on leave without pay, if the employee asks for leave without pay, but without the approval of the enterprise and leave without authorization, or leave without pay within one month of the expiration of the period of neither requesting to return to the original unit of work, nor resignation formalities, the enterprise has the right to deal with the automatic separation. It is the employer's action to treat the employee as automatically separated. In accordance with the provisions of the relevant administrative reply letter, the automatic separation treatment here refers to the enterprise's right to remove the employee from the organization in accordance with the relevant provisions of the Regulations on Rewards and Punishments for Employees of Enterprises. For this reason, disputes arising from automatic separation shall be dealt with as de-listing disputes. An enterprise shall not take punitive measures such as dismissal of an employee's own family members because of the employee's unauthorized departure. Enterprises to make the family members of the unauthorized departure of the stipulation is not in line with the national labor management policy, and therefore can not be used as a basis for labor arbitration.
★ In answer to the question of resignation, I found that many users asked about the boss to withhold or owe wages how to do? The argument is as follows:
The employer can not arbitrarily deduct the wages of the workers, the employer deducts the wages of the workers for no reason, the workers can complain to the local labor inspection department or apply for labor arbitration.
If you work for an employer, there are two ways to request payment of wages:
1, workers can go to the local labor bureau of labor inspection complaints; Advantages: simple. Disadvantages: the enforcement of the law may not be very strong in different places;
2. You can apply for arbitration at the local labor bureau (Labor Dispute Arbitration Committee of the Bureau of Human Resources and Social Security) to demand the payment of wages. If the labor contract is not signed, you can ask for payment of double wages for not signing the labor contract. If the termination of the labor relationship is based on non-payment of wages, you can also demand payment of economic compensation. Advantages: in addition to wages, you can also claim economic compensation, double wages, etc., and generally can be finally resolved; disadvantages: applying for labor arbitration is a labor lawsuit, the procedure is a little more, the need for professional guidance.
Second, if you are working for an individual, not considered a labor relationship, you can go directly to court to sue the individual boss, demanding payment of labor compensation.
Labor Dispute Mediation and Arbitration Law, Article 2 The following labor disputes between employers and workers within the territory of the People's Republic of China*** and the State shall be governed by this Law:
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution, and termination of labor contracts;
(3) Disputes arising from delisting, dismissal and resignation and separation from service;
(4) disputes over working hours, rest and vacation, social insurance, welfare, training and labor protection;
(5) disputes over labor remuneration, medical fees for work-related injuries, and economic compensation or indemnification;
Article 50 of the Labor Law Wages shall be paid in monetary terms to the workers themselves on a monthly basis. Wages shall not be withheld or unreasonably owed to the workers.
Article 18 of the Interim Provisions on the Payment of Wages The labor administrative departments at all levels have the right to monitor the payment of wages by employers. Where an employer commits any of the following acts that infringe upon the lawful rights and interests of workers, the labor administrative department shall order it to pay the workers' wages and economic compensation, and may also order it to pay compensation:
(1) withholding or defaulting on the payment of workers' wages without any reason;
(2) refusing to pay the wages of workers for extended hours;
(3) paying workers' wages at a rate lower than the minimum wage in the locality;
(4) paying workers' wages at a rate lower than the minimum wage in the locality. workers' wages.
The standards of economic compensation and indemnity shall be implemented in accordance with the relevant state regulations.
★ Discussion on unemployment benefits:
According to Article 17 of the Regulations on Unemployment Insurance: If the unemployed person's unit and the unemployed person's own accumulated contribution time in accordance with the provisions of the unemployed person's unemployment insurance for one year or less than five years, the period for which he or she receives the unemployment insurance benefits shall be a maximum of 12 months; if the accumulated contribution time for five or less than 10 years, the period for which he or she receives the unemployment insurance benefits shall be a maximum of 18 months; if the accumulated contribution time for 10 or more years, the period for which the unemployed person receives the unemployment insurance benefits shall be a maximum of 18 months. If the accumulated contribution time is more than 10 years, the maximum period of receiving unemployment insurance benefits is 24 months. After re-employment, if you are unemployed again, the contribution time is recalculated, and the period of receiving unemployment insurance benefits can be combined with the period of receiving unemployment insurance benefits for the previous unemployment, but the maximum period shall not be more than 24 months
Qualifications for application 1. Unemployed persons who have the following conditions can receive unemployment insurance benefits, and at the same time enjoy other unemployment insurance benefits in accordance with the provisions of the law: (1) (1) they have participated in unemployment insurance in accordance with the regulations, and their units and themselves have fulfilled the obligation to pay contributions in accordance with the regulations for one year; (2) they have interrupted their employment not because of their own will; (3) they have registered as unemployed in accordance with the legal procedures; (4) they have a requirement to find a job, and they are willing to accept vocational training and vocational referrals.
2. Interruption of employment not due to one's own will includes the following cases: (1) termination of the labor contract; (2) termination of the labor contract by the employer; (3) termination of the labor contract due to the employer's failure to provide the labor conditions in accordance with the provisions of the labor contract; (4) termination of the labor contract due to the employer forcing the labor by means of violence, duress, or restriction of personal freedom; (5) termination of the labor contract; (6) termination of the labor contract due to the employer withholding, delaying, and delaying payment of wages or other benefits. (5) To terminate an employment contract because the employer withholds or owes wages, or fails to pay remuneration for prolonged working hours in accordance with the regulations; (6) To terminate an employment contract because the employer pays wages lower than the local minimum wage standard or the wage standard agreed in the collective contract; (7) To terminate an employment contract because the employer withholds identity, qualification, credentials, or other documents; (8) To terminate an employment contract because the employer fails to pay social insurance premiums in accordance with the law; (9) To terminate an employment contract because the employer fails to pay social insurance premiums in accordance with the law. (8) Termination of the labor contract because the employer fails to pay social insurance premiums in accordance with the law; (9) Where otherwise provided by laws and regulations. Unemployment Insurance Benefits
Unemployment insurance benefits shall be stopped and other unemployment insurance benefits shall be stopped if one of the following circumstances applies.
(1) re-employment;
(2) conscription for military service;
(3) moving abroad;
(4) enjoyment of basic old-age insurance;
(5) sentenced to imprisonment or re-education-through-labor;
(6) refusal to accept work introduced by departments or institutions designated by the local people's government, without justifiable reasons. organization to introduce the work.
Collection Procedures After the employer pays the unemployment insurance for the worker, the worker can apply for unemployment insurance benefits after leaving the job, the specific conditions and procedures are as follows: ① not the will of the termination of employment (i.e., the company canceled or terminated the labor contract) and the requirements of job-seeking, (must provide proof of the employer's dismissal) ② payment of unemployment insurance premiums for 12 months or more ③ the company canceled or terminated the labor contract within 60 days to come to the application process
The company will pay the unemployment insurance premiums to the employer within 60 days. Within 60 days after the company's termination of the labor contract or termination of the company to come for processing
I. The insured unit issued two copies of the "Certificate of Termination of Labor Relationship", one copy of which was submitted to the Unemployment Insurance Center, and one copy of which was submitted to the Arbitration Committee of Labor Disputes of the Bureau of Labor and Social Security for the record.
Secondly, the Unemployment Insurance Center will conduct a strict investigation and verification of the situation with the Certificate of Termination of Labor Relations issued by the insured unit (the unemployed person will bring along with him the labor contract signed with the unit), and issue two copies of Unemployment Insurance Claims Registration Forms and one copy of Unemployment Job Seeking Registration Forms if they are confirmed to be in order.
Third, the unemployed person carefully fill out all the columns on the front of the "Registration Form for Unemployment Insurance Claims", and on the back of the acceptance of the birth control unit's opinion of the space, please go to the acceptance of the birth control unit in the place of my hukou to seal. Please fill in the Registration Form for Job Hunting carefully. Note: If your household is in the city, please go to the Family Planning Office of the street office where your household is located to have it stamped; if your household is in the countryside, please go to the Family Planning Office of the township (township) where your household is located to have it stamped. The stamp of the Family Planning Office of the resident councilor, village councilor and community are not eligible.
Four, the payment of three one-inch color photographs and a copy of the identity card of the unemployed.
Workers who meet the above conditions can go to the district labor security department of the place of domicile or temporary residence to receive unemployment insurance benefits.
★ For the discussion of arbitrarily transferring workers' jobs:
Transferring jobs. If there is an agreement on the job position in your labor contract, if the unit wants to transfer your position, it must have your consent, otherwise it is regarded as a breach of contract.
If it's just a general agreement, you can ask the company to give you a written reason why you can't do your original job.
If the transfer of jobs is mandatory, you can leave the job and ask the unit to give you compensation. The unit directly dismissed you, you can ask for unlawful termination of the labor contract economic compensation, etc..
★ Discussions on the five insurance and one gold:
1, about the five insurance and one gold, according to the "labor law" and "social insurance law" of the relevant provisions of the employer for the workers to pay the social insurance is the employer's legal obligations, obviously has the characteristics of the national mandatory, the employer shall not be any reasons and excuses for refusing to undertake the legal obligations.
2, the payment of social insurance is by the employer and the worker *** together to bear, which pension insurance, unemployment insurance, medical insurance is by the employer and the worker *** together to bear, maternity insurance and unemployment insurance is by the employer to bear, which pension insurance the employer needs to bear 13%, the worker needs to bear 8%, the medical insurance the employer needs to bear 6%, the employee Unemployment insurance is borne by the employer at 2% and the employee at 1%;
3, for the unit to delay the payment of five insurance and one gold, is a violation of the provisions of the Labor Contract Law, the workers can claim to make up for the payment of the five insurance and one gold, but also to the local social security department to complain, the local social security collection agency to order the employer to pay within a certain period of time, and to order the employer to pay within a certain period of time. The local social security collection agency will order the employer to pay or make up the contributions within a certain period of time. If the employer still fails to pay or make up the social security premiums after the deadline, the social security collection agency may inquire its bank account with the bank or its bank, and may apply for the administrative department at or above the county level to make a transfer of social security premiums, and notify the depository bank or other financial institutions in writing to transfer the social security premiums. The employer's account balance is less than should pay social insurance premiums, the collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.
★Theory on not signing a contract with the employer:
The employer who does not sign a contract with the employee violates the Labor Law and the Labor Contract Law currently in force.
Theoretical basis: Article 10 of the Labor Contract Law: the establishment of labor relations, shall enter into a written labor contract.
Established labor relations, not at the same time to enter into a written labor contract, shall, within one month from the date of employment, enter into a written labor contract.
Where an employer and a worker conclude an employment contract before employment, the labor relationship shall be established from the date of employment.
Interpretation: the only criterion for the establishment of labor relations is the actual provision of labor, regardless of whether the worker has signed a written labor contract, will be subject to the same protection. Written labor contracts signed before the actual employment after the labor relationship from the date of the actual provision of labor; actual employment before the signing of a written labor contract after the labor relationship established earlier than the written labor contract, the establishment of labor relations are not affected by the failure to sign a written labor contract.
(1) A written labor contract is the only legal form of a labor contract; an oral labor contract is not recognized, and if an oral labor contract is reached, it is deemed that no labor contract has been signed;
(2) once the labor relationship is established, a written labor contract shall be signed, and a written labor contract shall be entered into within one month;
(3) since the date of the employment of the employer for more than one month. but less than one year without concluding a written labor contract with the worker, shall pay the worker two times the monthly wages.
★Discussion of the unit's withholding of money, deposits or other documents and articles:
The unit's withholding of money, deposits or other documents and articles is a violation of the law.
Rationale:
Article 9 of the Labor Law stipulates that employers shall not seize a worker's identity card or other documents, and shall not require the worker to provide a guarantee or collect property from the worker in other names.
In case of violation of the above provisions, workers can report to the public security department and the labor department, and the two departments shall order the employer to immediately return them to the workers themselves.