People Who Are About To Start The "Jumping Mode" Must First Know What They Want And Then "Willful".

The atmosphere of recruitment market is gradually warming up, and in a twinkling of an eye to the peak period of finding a job one year, that is, people often say "gold three silver four".

At this time of year, friends who are ready to say good-bye to their old friends will finally take action to meet the next life.

However, if we fail to link up the key issues of the two tasks at this time, we will often fall behind after being smart and finally fail.

Although the emergence of the "job hopping season" has given more opportunities to people in the workplace, but do not forget to think before you leap! The following cases serve as a warning to everyone who is about to start the "jumping mode" to have a sense of "willfulness".

Case review: Xiao Wang is an electrician of a machinery factory. He signed a one-year labor contract with his unit in December 1, 2012. He signed the contract for 3 years after the expiration of his contract, and later, because his salary was not high, he came to realize his intention.

In the middle of December 2015, Xiao Wang used his weekends to build electrical machinery for the enterprises run by villagers. When he saw Xiao Wang skilled in his work, he wanted to dig him.

When the two sides talked about it, Xiao Wang decided to resign after taking the year-end award.

After winning the year-end award, Xiao Wang made a resignation report, but the leader told him that even if he had to go, he would have to wait three months later.

Xiao Wang questioned this.

Case analysis: from the point of view of this case, the practice of the enterprise is wrong.

The thirty-seventh article of the labor contract law of China clearly stipulates that the labourer is notified in written form thirty days ahead of time

It can terminate the labor contract.

The employer can notify the employing unit three days in advance of the probation period, and may terminate the labor contract.

There are two cases concerning the date of early notification of the employer, one is the contract period, the other is the probationary period.

In this case, Xiao Wang is a contract employee. Therefore, after 30 days of submission of his resignation, Xiao Wang can leave his job regardless of whether the boss agrees.

It is illegal for the boss to extend the employee's departure time on the grounds that the work requires manpower.

Case two: don't neglect written resignation, oral notification can not be counted.

Case history: Bai Mou was a salesperson who worked in a technology company until January 29th last year.

In July, Bai and the employers were placed on court for the economic compensation for the termination of labor relations.

The company believed that after the Spring Festival, Bai did not go to work.

And Bai has not yet arrived.

Therefore, the unit lifted the labor contract on the grounds of absenteeism and violation of the company system.

Bai did not agree with this statement. He said he had informed the company in January 29th that the company had not paid social insurance, and demanded the termination of labor relations between the two sides.

But Bai failed to submit evidence on oral notice.

Case analysis: the thirty-seventh article of the labor contract law clearly stipulates that workers need to notify employers in writing form rather than simply go away.

A worker has a statutory duty of notification when he leaves the office. The time and form have already specified the provisions in the legal provisions, and the worker can not make quick plans and neglect his obligations, which will eventually cause unnecessary trouble.

Case three: can an enterprise contract a notice of resignation for more than 30 days?

Case review: Mr. Wei, an overseas migrant worker, works in an electronic enterprise. The company belongs to seasonal production units, has no time to live on vacation, and has to work overtime and has a meager income.

So Mr. Wei decided to change jobs.

He explained to the new unit that he would submit his resignation report when he returned to Shanghai, and came to work here after 30 days of notice.

Mr. Wei, when he submitted his resignation report, was told that when he signed a labor contract, it was mentioned that due to the particularity of his job, the resignation notice period was set to 60 days.

This situation makes Mr. Wei very "headache".

Case analysis: this case also applies to the relevant provisions of the thirty-seventh clause of the labor contract law.

If the worker wants to make an application for resignation, it only needs 30 days in advance. Once the notice is expired, the worker can leave without any reason.

In this case, Mr. Wei and the original unit have a prior engagement. However, the company's request to adjust the notice period to 60 days has violated the national laws, so part of the agreement is invalid.

From this point of view, the practice of enterprises is illegal. Wei can leave immediately after 30 days. At the same time, if the enterprise causes losses to employees, employees can make corresponding compensation through legal channels.

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