What Are The Employees' Resignations?

Under what circumstances can employees resign?

Workers can resign under these circumstances.

(1) during the probation period.

During the probation period, the labor relationship between the labourers and the employing units is in an informal state, and the laborers may submit their resignation to the employing units.

(2) the employer forces laborers to work by means of violence, threat or illegal restriction of personal freedom.

"Violence" means that the employing unit directly compel the laborers to work for them by means of physical compulsion. "Menace" refers to the means of forcing the laborers to work for them by means of violence or other damage to the legitimate rights and interests of the laborers. "Illegal restriction of personal freedom" refers to the unlawful deprivation or restriction of the personal freedom of the laborers by employing units in detention, confinement or other compulsory means.

The employing units shall force laborers to work by means of violence, threat or illegal restriction of personal freedom, or the employing units shall be in violation of orders and coercion.

If a worker endangers the personal safety, the worker may immediately terminate the labor contract.

(3)

Labor remuneration or labor conditions are not paid according to the labor contract.

When the laborers have fulfilled their labor obligations, the employer fails to pay the labor remuneration according to the amount, date or method of the labor contract, fails to pay social insurance for the workers according to law, or in the course of labor, the employer fails to provide the necessary means of production and safety and hygiene conditions for performing the labor obligations according to the labor contract agreement. These are illegal, breach of contract activities, and are laborers.

Violation.

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I am a technical college student. I am 20 years old. I graduated in July this year.

In October last year, I applied for a recommendation form issued by the school to a mechanical company for employment. I was hired by the company. We both signed a labor contract, and made detailed stipulations on the duration of labor, the content of labor and the remuneration for labor.

After signing the contract, I have been working at the company's rest and rest time.

One day in May, when I was injured in the workshop, I applied to the company for work-related injuries, but I was rejected by the company.

The reason for the company is that I did not graduate from the labor contract. I am a student in the school and do not have the qualification of establishing the main body of labor relations. Therefore, the labor contract between me and the company is invalid and there is no labor relationship between the two sides.

Is their statement correct?

The labor relationship between you and the company is lawful and effective, and should be protected by law.

If you are injured in the workshop, you will be injured. If the company refuses to apply for a work-related injury, you can apply for a work-related injury directly to the labor and Social Security Department of the company.

First of all, the twelfth provision of the Ministry of labour on the implementation of several issues concerning the labor law of the People's Republic of China stipulates that although students use part-time time to work and study, they do not regard employment as a job and have not established labor relations, so they can not sign labor contracts.

However, the application of this provision is precondition, that is, work study program is the purpose.

The work study program here refers to the fact that school students do not use employment as their purpose, but they use their spare time to subsidize tuition and living expenses.

As you can see, when you sign a labor contract with a machinery company, you have agreed on the rights and obligations of both parties. After signing the contract, you have been working in accordance with the company's work and rest hours. The purpose is obviously not to use the business hours and work study program.

Secondly, according to the current law of our country, the person who has reached the age of 16 has the qualification of establishing the main body of labor relations, and the law does not exclude the students from school.

Obtaining a diploma and having a corresponding educational background is not a necessary condition for the establishment of a labor relationship.

In addition, the contract of labor with a mechanical company is signed on the basis of the agreement between the two sides. It is a representation of the true meaning of both parties. There is no fraud, concealment of facts or coercion, nor does it violate the relevant laws and administrative laws, so there is no invalid problem.

Finally, according to the fourteenth provision of the State Council's "industrial injury insurance Ordinance", workers should be identified as work in their working hours and workplace due to work accidents.

Obviously, when you work in a workshop, you are injured at work time and in the workplace. If you are injured due to work reasons, you should be identified as work-related injuries.