I wanted to change jobs, and I worked in a restaurant for five months, and what should I do if the m

Updated on Restaurant 2024-08-03
2 answers
  1. Anonymous users2024-01-24

    1.Submit a written notice of resignation, and pay attention to the preservation of relevant evidence submitted, which can be mailed, videotaped, etc.

    After 30 days (3 days after the probationary period), the employment contract can be terminated without the consent of the employer.

    Legal basis: Labor Contract Law

    Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

    2.Under the following circumstances, the employer may notify the employer in writing to terminate the employment relationship immediately and request the payment of severance compensation.

    Labor Contract Law

    Article 38 An employee may terminate a labor contract under any of the following circumstances:

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

    2) Failure to pay labor remuneration in full and in a timely manner;

    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 the first paragraph of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

    If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

    Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

    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 Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

    6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

    7) Other circumstances provided for by laws and administrative regulations.

  2. Anonymous users2024-01-23

    You can report to the Labor Bureau to protect your rights.

Related questions
4 answers2024-08-03

There is no problem, and if he does not pay his salary for various reasons, he can complain to the local Human Resources and Social Security Agency. Your verbal agreement is not protected by law, and it is illegal for him to not sign a labor contract with you, and the Human Resources and Social Security Bureau will punish you and help you recover your wages.

2 answers2024-08-03

Hello, you can go to the labor bureau to sue them. You can talk to your boss and you can complain to him if you don't plan to do it there.

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If you don't sign a labor contract, you can get twice the salary, so go to the labor bureau to petition for processing. You will need to keep the relevant proof of employment.

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No matter what you do, go straight away, unless you want to press the company's salary, and you have to make some losses if you want to leave immediately.

3 answers2024-08-03

1. Complain to the labor inspection department or apply for labor arbitration, and request the payment of deducted wages and double wages. >>>More