Collect and sort out the resignation materials for your reference;
Resignation means resignation, which is the behavior that the laborer proposes to terminate the labor contract or labor relationship with the employer.
If you really want to resign and leave, submit your resignation notice to the employer 3 days in advance during the probation period and 30 days in advance during the non-probation period. If the employer approves or disapproves, you are told to leave your job according to law, and the consequences arising therefrom have nothing to do with you.
★ There are generally three situations in resignation:?
First, immediately terminate the labor relationship according to law (the editor ordered to resign quickly). If the employer forces labor by violence or threat and fails to pay wages as agreed in the contract, the employee may ask the employer to terminate the labor contract at any time;
Second, according to the employee's own choice (editing orders to resign slowly), notify the employer in writing 30 days in advance to terminate the labor contract;
The third is to apply to the employer (the editor resigns through consultation), and both parties terminate the contract through consultation.
(Note: It is recommended to send the resignation notice to the employer by courier company or post office registered letter for evidence. )
★ Salary discussion:
If the employee works for the company and has paid the labor, the company shall pay the corresponding labor remuneration for the employee. If it is not paid in full and on time, it is an act of arrears of wages, which is illegal. To report.
1. Complain to the local labor inspection department or call the hotline 12333.
2. Go 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 Wage Payment
Article 7 wages must be paid on the date agreed between the employer and the employee? .
Article 9 If the labor contract is dissolved or terminated by both parties in labor relations according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.
Eighteenth labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
★ Relevant provisions of the Labor Contract Law
Article 30 The employing unit shall, in accordance with the stipulations of the labor contract and the provisions of the state, pay the laborers' labor remuneration in full and on time.
If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
Article 77 If the legitimate rights and interests of laborers are infringed, they have the right to ask the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.
Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount.
★ When a worker leaves his job or terminates the labor contract with the employer, according to the Labor Contract Law, there are usually the following situations:
1. The employing unit has Article 38 of the Labor Contract Law, and the employee can leave the job immediately without the approval of the employing unit, and can request to pay the remaining salary and economic compensation (pay 1 year 1 month salary) and go through the resignation procedures.
2. According to the provisions of Article 37 of the Labor Contract Law, the employee may submit a written resignation 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. The employer does not have Article 38 of the Labor Contract Law. If an employee resigns directly after submitting his resignation letter, the employer may require the employee to bear the direct economic losses and the expenses incurred in recruiting the employee.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(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) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
★ Relevant regulations on dismissal of employees by the unit
It is illegal for a unit to unilaterally terminate labor relations, and it may demand economic compensation and compensation for double wages. If negotiation fails, complain to the labor inspection department or apply for labor arbitration to protect rights.
To terminate the labor relationship, the employer shall notify the employee in writing 30 days in advance, otherwise it will need to pay one month's payment in lieu of notice.
1, if the labor contract is not signed, the employee has the right to request the signing of an open-ended labor contract and the right to ask the unit to pay double wages;
2. Article 48 of the Labor Contract Law: If the employer dissolves or terminates the labor contract in violation of the provisions of this law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law;
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.
3. To terminate the labor relationship, the employer shall notify the employee in writing 30 days in advance, otherwise it will need to pay one month's payment in lieu of notice;
4. Laborers have the right to require the unit to pay social insurance;
5. Laborers have the right to ask the employer to pay the arrears of wages and overtime wages on holidays;
6. If the employer does not pay, it can complain to the labor inspection department, and if necessary, it can directly apply for labor arbitration to safeguard the legitimate rights and interests.
If a labor contract has not been signed, the laborer has the right to demand the signing of an open-ended labor contract and the right to demand the unit to pay twice the salary.
Appendix:
★ How to write a resignation letter
A resignation application usually consists of five parts: title, title, text, conclusion, signature and date.
1, title
Write the name of resignation letter in the middle of the first line of resignation letter. Resignation letters generally consist of subject content and language name * * *, that is, the title is "Resignation Letter". The title should be eye-catching and the font should be slightly larger.
2. Address
It is required to write the name or title of the unit, organization or leader who accepted the resignation letter in the top box on the next line of the title, and add a colon after the title.
3. Text
The text is the main part of the resignation letter, which generally includes three parts.
First of all, you should write the contents of your resignation letter so that people can see it at a glance.
Secondly, it describes the specific reasons for submitting the resignation letter. This content requires that the details of resignation be listed one by one, but attention should be paid to the singleness and completeness of the content so that people can know it at a glance.
Finally, I should write down my determination and specific requirements for submitting my resignation letter, as well as the problems I hope the leaders can solve.
Step 4: the ending
Finally, it is required to write the word "this is a salute" to show respect. The meaning is clear: I salute you here.
Step 5 sign
The signature of the resignation letter needs to indicate the name of the resignee and the specific date of submitting the resignation letter.
Pay attention to taboos
1, don't speak ill of the boss. If you think it is necessary to reflect the boss's problem to the management, try to put it verbally in euphemistic language.
Don't complain all over the paper and attack the company system.
3, don't blame colleagues, especially taboo colleagues write "crime" in black and white on the resignation.
Writing requirements
1. Sincere and tactful.
Don't criticize each other.
3. Implicit.
4. simple.
5, please be sure to use your own signature, and the signature should be as strong as possible, and write the date.
Appreciation of the English writing of the notice of resignation of cattle people praised by thousands of people
1, leaders:
It is said that the general trend of the world will be combined for a long time, and it will be combined for a long time! Although it is from the ancient books of the Three Kingdoms, I think it is also beneficial to today's affairs.
Today, my husband suffered a once-in-a-century economic crisis. Let's look at the global economic situation. It can be said that people are in dire straits, and many manufacturers, workers and migrant workers are complaining bitterly. Some people feel this and can't help but think of their own situation, which is very sad!
Born in poverty, Siben devoted his life to the land of Xingzhou in the south of Hebei Province, living in the world, seeking money instead of Wen Da, and only seeking food and clothing. But it's so cool now. It has been more than a year since our company came to work in early April last year. A few spring and autumn, a few winter and summer, more than 300 days and nights have passed. I think at the beginning, Yu Ben was once an affectionate teenager, young and frivolous, with the dream of flying. He wants to show his ambition in our society. One is to add luster to the group, and the other is to add clothes and food to yourself. Isn't it cool to kill two birds with one stone?
Unfortunately, a year later, not only did I fail to show my talents, but I was short of money, heavily in debt and well-fed, which ended the party. Have friends who have left; Those who despise it own it; Those who spit on it have it. It's all because a once excellent teenager completely lost himself. Our salary of 900 yuan a month is actually the sum of basic salary, post allowance and food allowance.
Many friends said, "I am stupid, but I can stand it until now." What is the point of not dying? " . "I'm sweating like a pig, and I don't want more integer money, which means I don't live up to the sky, the earth and the air; However, I am from an agricultural background and can endure all kinds of hardships. However, I ended up living in vain, working hard and having no food and clothing.
My husband's face has actually aged. Why? If you don't have enough food and strength, you can't be beautiful, just like a swift horse. Although you can travel thousands of miles, you have no choice but to starve to death!
Although I am incompetent and dare not pretend to be a swift horse, I know that I am not a mediocre person.
People need a skill to stand in the present world. I have a low opinion of myself and dare not claim to be knowledgeable, but word processing is not a problem. However, in the past year, every time I asked myself, I had to clap my feet, grab the ground with my head and want to cry. What is this? In the long night, I couldn't sleep alone, tossing and turning, recalling the past in a simple room, and sadness came from my heart.
Shame on teachers, such as Yan Yuan, shame on classmates.
My husband's daily work today is only "clean" ... that is, cleaning the house, serving tea and water, cleaning tables and chairs, seeing off, being hypocritical and polite, and dealing with "leaders" Day after day, month after month, since I was appointed, I have been sighing all night, being conscientious, afraid of omissions, afraid of slack ... How sad it is to help my knees sigh!
Peach blossoms wither in spring, in a hurry, the cold rain comes early and the wind comes late. Time is like water, suddenly it's past four o'clock. Looking back, geometry? It hurts like a west wind!
Income-materially:/kloc-started work in February, one month in 600 yuan in the first three months and one month in 900 yuan in the last nine months. For thousands of years, a company can't even solve the problem of food and clothing, let alone dress and have fun and live a quality life; Mentally: I have been hit hard, and I have mastered a new skill this year, that is, cleaning. Our company is a seven-foot male worker, who graduated with a bachelor's degree. His talent is not enough to be listed as a cleaner.
As a result, his youthful and frivolous heart was instantly old and lifeless; Over the past year, Simou has been very passive to Nuo Nuo, serving others more than caring for himself. What he wants every day is food and clothing, but with the soaring prices, the solution to this problem is gone.
Lost-lost time, wasted youth, worn away edges and corners, delayed a good time, ashamed of my father and brothers and sisters, and respected others.
However, the only reason why a young man in his prime is so depressed is that he is waiting for the legendary salary increase and meeting the needs of his life. Blame him for being young and ignorant, waiting for a year stupidly, and finally failing. It's really pitiful.
There is no hope of paying off thousands of foreign debts, so some people have an epiphany: this is the grave of young people, and its functions are: burying dreams, burying youth, killing morale, killing corners and wasting time, and that's all. Therefore, Simou, who had an epiphany, didn't spend time here today, so he went his separate ways.
It is said that the world will be closed for a long time, and it will be closed for a long time! Since we don't leave Simou here, Simou can't continue to disturb your place. We can't cherish each other. Why don't we leave each other and forget each other! Decisive attitude!
Sincerely ask enlightened leaders to allow humble and incompetent employees to resign, very grateful!
Year * month * day
Yu Jin resigned and felt sad. Yesterday, I left Tianshan Mountain, learned from the East and came from the West, and went to study in the capital of Wan Li. After more than ten years of cold window, Xiaomi has a strong feeling.
Once I learned it, I looked northeast. 23 years old, in the prime of life, eager to have a heart check and snacks. Seeking boundless justice, though mediocre, has no regrets. I don't feel that when I go to Qiu Lai in spring, it's easy to be cold and hot, and the white clouds change, and fifteen years are fleeting. However, the scholar is high-spirited and eager to seek Tao.
What you want in your heart is hard to get rid of. The rope was tied and suddenly lost. The appetite is futile. I was born with something I haven't seen. Official career and official career are floating clouds. Dear sir, God has worked hard. The rain and the clouds are gloomy, and the golden pheasant crows alone. Why do you feel at home when you are in love?
Now that I have checked, I don't want to be seen in court, hoping to be worthy of my heart. Although the heart is a form of service, it has violated the disease, but the ambition cannot be lost for a moment, and the Tao cannot be separated for a moment. Taste high east, looking at the wild land, but it is confusing, sighing where to go. I often introspect and realize, but I regret what I did in the morning and return at night. It's annoying to go back and forth for a long time Look at human disgust, the world is cold and warm, flies camp on dogs, drive them away and return them.
"Poetry" says: The bluefly, stop at Fan. No show? Because we don't know each other, I should be Long song with Cai Wei. Years old, Huang Ju lived in Dongli for thousands of years, accompanied by tired birds, which made me beautiful. Don't protest against the past, especially those who come. Want to get drunk and sing a wild poem in Wuliu? .
Come back! Since then, this ship has passed away, and Jiang Hai spent the rest of his life.
Come back! Life geometry complex geometry? Not wayward Ren Woxing? Hang up our boots and wave goodbye. Whistle a little A?vagho?a!
Shen Bing nodded in Wu Jia.
★ 3. Other wonderful resignation letters:
It is too cold to get up.
The world outside is so big, I want to go out and have a look.
I'm tired and don't want to do it.
(Editor's comment: These three resignation notices are easy to learn, easy to imitate, quick to handle, no talent and no trouble. )
★ Discussion on handling the following matters when resigning:
1, handover matters.
2. Pay off all things of the company (including the reserve fund for receiving applications to be returned, etc.). ) and get back everything that belongs to you personally.
3. Check the attendance of the month of resignation and settle the salary.
4. Obtain the resignation files of the personnel department, including the resignation certificate, social security payment voucher, provident fund golden dragon card and employment unemployment registration certificate (take it if you have it, and don't take it if you don't have it).
After finding the next company, you can continue to pay social security in the same area. The provident fund is temporarily sealed in your last company (resigned company), and you need to open an enterprise provident fund acceptance letter to your last company to transfer the provident fund. If you have a personnel file, you have to go to the next unit to get it.
6. Keep your labor contract for future retirement.
★ Discussion on voluntary resignation:
According to the Reply on How to Define Automatic Resignation and Absenteeism (Lao Ban Fa [1994] No.48) and the Reply on Handling the Problem of Employees' Unauthorized Resignation (Lao Ban Fa [1993] No.68), automatic resignation refers to employees' resignation without performing the dissolution procedures when terminating labor relations. Employees who voluntarily leave their jobs shall be liable for breach of contract, and if the newly hired employees voluntarily leave their jobs and cause economic losses to the original employer, they shall be jointly and severally liable for compensation. It should be noted here that according to the provisions of the relevant documents on leave without pay, if an employee asks to leave without pay, but leaves without the approval of the enterprise, or fails to return to the original unit within 1 month after the expiration of leave without pay, the enterprise has the right to leave automatically. It is the behavior of the employer to deal with it as automatic resignation. According to the provisions of the relevant administrative approval, the "voluntary resignation" mentioned here means that the enterprise should withdraw from the market according to the relevant provisions of the Regulations on Rewards and Punishment for Enterprise Employees. Therefore, disputes arising from voluntary resignation should be treated as delisting disputes. An enterprise shall not take punishment measures such as dismissal for the family members of the unit because the employees leave without authorization. It is not in line with the national labor management policy that the enterprise stipulates that the family members of employees leave their jobs privately, and it cannot be used as the basis for labor arbitration.
★ When answering the question of resignation, I found that many netizens asked the boss what to do if he deducted wages or defaulted on wages. Discussed below:
The employing unit shall not deduct the wages of workers at will. If the employer deducts the wages of workers without reason, the workers may complain to the local labor inspection department or apply for labor arbitration.
First of all, if you work for an employer, there are two ways to ask for salary:
1, workers can go to the local labor bureau to complain about labor inspection; Advantages: The method is simple. Disadvantages: law enforcement in various places may not be very strong;
2. You can apply to the local labor bureau (Labor Dispute Arbitration Committee of Human Resources and Social Security Bureau) for arbitration and demand payment of wages. If a labor contract is not signed, you can ask for double salary without signing a labor contract. If the termination of labor relations is based on unpaid wages, you can also ask for economic compensation. Advantages: In addition to wages, you can also advocate economic compensation and double wages. , and generally can be finally solved; Disadvantages: applying for labor arbitration is a labor lawsuit, which requires more procedures and professional guidance.
Second, if you work for an individual, it is not a labor relationship. You can go directly to the court to sue the individual boss and demand payment of labor remuneration.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC):
(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, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
Article 50 of the Labor Law shall be paid to the laborer himself on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
"Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
★ Discussion on unemployment benefits:
According to Article 17 of the Regulations on Unemployment Insurance, if the accumulated payment time of the employer and the unemployed person is over 1 year and less than 5 years, the longest period for receiving unemployment insurance benefits is 12 months; If the accumulated payment time is less than 10 years, the longest period of receiving unemployment insurance benefits is 18 months; If the accumulated payment time exceeds 10 years, the longest period for receiving unemployment insurance benefits is 24 months. If you are unemployed again after re-employment, the payment time will be recalculated. The period of receiving unemployment insurance benefits can be combined with the period of receiving unemployment insurance benefits that you should have received but did not receive in the previous unemployment, but the longest period shall not exceed 24 months.
Unemployed persons who apply for 1 and meet the following conditions can receive unemployment insurance benefits and enjoy other unemployment insurance benefits in accordance with the regulations: (1) They have participated in unemployment insurance in accordance with the regulations, and their employers and themselves have fulfilled their payment obligations for 1 year; (2) Discontinue employment without my own will; (3) It has registered for unemployment according to legal procedures; (4) Persons who have job requirements and are willing to accept vocational training and job introduction.
2. Employees' involuntary termination of employment specifically includes the following situations: (1) termination of labor contract; (2) The employer terminates the labor contract; (3) The employer fails to provide working conditions as required and proposes to terminate the labor contract; (4) The employer forces labor by means of violence, coercion or restriction of personal freedom, and proposes to terminate the labor contract; (5) Where the employer deducts wages, defaults on wages or fails to pay the remuneration for extending working hours as required, and proposes to terminate the labor contract; (6) The wage paid by the employer is lower than the local minimum wage standard or the wage standard agreed in the collective contract, and the labor contract is terminated; (7) The employer detains identity, qualification, length of service and other documents, and proposes to terminate the labor contract; (8) The employer fails to pay social insurance premiums according to law and proposes to terminate the labor contract; (nine) as otherwise provided by laws and regulations. Measures for the application and payment of unemployment insurance benefits
In any of the following circumstances, unemployment insurance benefits will stop hair, and other unemployment insurance benefits will stop hair at the same time.
(1) Re-employment;
(2) Those who should be conquered for military service;
(3) Having emigrated;
(four) enjoy the basic old-age insurance benefits;
(5) being sentenced to fixed-term imprisonment or reeducation through labor.
(six) refusing to accept the work introduced by the department or institution designated by the local people's government without justifiable reasons.
Procedures for receiving unemployment insurance benefits After the employer pays unemployment insurance benefits for the workers, the workers can apply for receiving unemployment insurance benefits after leaving their jobs. The specific conditions and procedures are as follows: ① termination of employment against my will (that is, the company dissolves or terminates the labor contract) and there is a job application requirement (the employer's dismissal certificate must be provided); ② Paying unemployment insurance 12 months or more; ③ The Company shall handle the matter within 60 days after the dissolution or termination of the labor contract.
One, the insured units issued two "certificate of dissolution (termination) of labor relations", one to the unemployment insurance center, one to the labor dispute arbitration committee of the Labor and Social Security Bureau for the record.
Second, the unemployment insurance center strictly investigates and verifies the situation with the certificate of dissolution (termination) of labor relations issued by the insured unit (the unemployed carry the labor contract signed with the unit), and issues two registration forms for unemployment insurance claims and one registration form for unemployment job hunting 1 copy.
Three, the unemployed carefully fill in the "unemployment insurance application registration form" all columns on the front, the back of the family planning relationship to accept the unit opinion column, please go to my account where the family planning relationship to accept the unit seal. Fill in the job registration form carefully. Note: if the household registration is in this city, please go to the family planning office of the street office where the household registration is located and stamp it; If the household registration is in the countryside, please go to the township (town) family planning office where the household registration is located and stamp it. Family planning chapters of members of neighborhood committees, village committees and communities do not meet the requirements.
Four, hand in three one-inch color photos and a copy of the unemployed identity card.
Laborers who meet the above conditions may apply to the district-level labor and social security department of their domicile or temporary residence for unemployment insurance benefits.
★ Discussion on mobilizing employees at will;
Transfer jobs. If there is a post in your labor contract, if the unit wants to transfer your post, it must be approved by you, otherwise it will be regarded as a breach of contract.
If it's just a general agreement, you can ask the company to give you a written reason that you are not qualified for the original job.
If you are forced to transfer your job, you can leave your job and ask the unit to compensate you. If the unit directly dismisses you, you can ask for economic compensation for the illegal termination of the labor contract.
★ Five insurances and one gold discussion:
1, regarding five insurances and one gold, according to the relevant provisions of the Labor Law and the Social Insurance Law, it is the legal obligation of the employer to pay social insurance for workers, which is obviously mandatory by the state, and the employer shall not refuse to undertake this legal obligation for any reason or excuse.
2. The social insurance shall be paid by the employer and employees, of which the pension insurance, unemployment insurance and medical insurance shall be paid by the employer and employees, and the maternity insurance and unemployment insurance shall be paid by the employer, of which the employer shall bear 13%, the employee shall bear 8%, the employer shall bear 6% and the employee shall bear 2%.
3. It is a violation of the Labor Contract Law for the unit to delay the payment of five insurances and one gold. Workers can claim to pay five insurances and one gold, or they can complain to the local social security department, and the local social security collection agency will order the employer to pay or make up for it within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social security collection agency may inquire about its bank account with the bank where the account is opened or its bank, and may apply to the administrative department at or above the county level for the allocation of social insurance premium, and notify the bank where the account is opened or other financial institutions in writing to allocate social insurance premium. If the balance of the employer's account is less than the social insurance premium payable, the collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.
★ Discussion on not signing a contract with the employer;
If the employer does not sign a contract with the employee, it will violate the current labor law and labor contract law.
Theoretical basis: Article 10 of the Labor Contract Law: To establish labor relations, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Interpretation: The only criterion for establishing labor relations is the actual provision of labor, and workers will be equally protected whether they sign a written labor contract or not. If a written labor contract is signed before actual employment, labor relations shall be established from the date of actual provision of labor services; If a written labor contract is signed after the actual employment, the establishment of the labor relationship is earlier than the written labor contract, and the establishment of the labor relationship is not affected by the absence of a written labor contract.
(1) Written labor contract is the only legal form of labor contract. If the oral labor contract is not recognized, it shall be deemed that the labor contract has not been signed.
(2) Once the labor relationship is established, sign a written labor contract and sign a written labor contract within one month;
(3) If the employer fails to conclude a written labor contract with the employee for more than one month from the date of employment, it shall pay the employee twice the monthly salary.
★ Discussion on the seizure of gold, deposit or other documents and articles by the unit;
It is illegal for a unit to seize money, deposits or other documents.
Reason basis:
Article 9 of the Labor Law: The employing unit shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide guarantee or collect property from the employee in other names.
In violation of the above provisions, the laborer may report to the public security department and the labor department, and the two departments shall order the employer to immediately return it to the laborer himself.