How Can A Worker Quit His Job In Order To Get Financial Compensation?

In judicial practice, as long as the workers are resigning for personal reasons, such as "family affairs, personal development, going out to start an undertaking" and so on, if the employer can prove the reason for the resignation of the employee (usually in resignation letter, resignation handover form, or resignation agreement can find the reasons for resignation), it will not support the economic compensation.

In addition, workers who resigned for personal reasons need to notify the employing units in writing thirty days in advance. Otherwise, they will be illegal to terminate the labor contract without the consent of the employer to leave without permission or fail to reach the statutory notice period. They will not only get no economic compensation, but also compensate for the economic losses of the employer.

Then, how can workers resign in order to get financial compensation?

If the employer has to deduct the wages of the laborers, stop the work, pay less or pay in arrears, some employers will not pay the social insurance premiums for the workers, and the employers will let the labourers work in the bad production environment such as toxic or unprotected equipment. In view of this situation, in order to protect the legitimate rights and interests of the workers, the thirty-eighth provision of the labor contract law stipulates that the laborers enjoy the special right to rescind the contract, and they can unconditionally cancel the labor contract with the employer, and they can also get financial compensation.

This is what is commonly called "forced resignation" in practice.

However, when the laborers are forced to resign according to the thirty-eighth article of the labor contract law, they should pay attention to the "degree" which is grasped in the judicial practice of various regions, otherwise, if they are forced to resign, they may become illegal.

For example, how many talents the wage has procrastinating can be "forced to resign", and how much wages can be paid less to be forced to resign, whether the social insurance premium paid in full is supported by the forced resignation? There are no uniform standards for the scale of each area.

Two. Is it necessary to inform employers 30 days in advance of "forced resignation"?

According to the stipulations of the labor contract law, whether workers should resign in advance should be informed in 4 ways.

1, the resignation of 30 days notice is required: resignation for personal reasons under normal circumstances requires 30 days in advance to notify the employer in writing.

2. Resignation requiring 3 days' notice: under normal circumstances

Resignation within 3 days of personal reasons can be announced.

3, it is necessary to notify, but there is no need to advance 30 days' Resignation: the employer has the following illegal situations: 1) labor protection or labor conditions are not provided; 2) pay labor remuneration in time and in full; 3) fail to pay social insurance premiums in accordance with the law; 4) rules and regulations are illegal and damage the rights of laborers; 5) the contract is invalid because of fraud, coercion or danger of taking advantage of others.

That is to say, under these circumstances, the worker can leave immediately after the notification unit.

4, there is no need to notify the resignation of a person who is directly away from the company. The employer forces laborers to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or coercion the dangerous work to endanger the personal safety of the worker, the laborer can immediately terminate the labor contract without giving notice to the employer in advance.

As mentioned above, there are 5 cases where "forced resignation" is also required to notify employers in advance.

In order to provide evidence, it is recommended to notify in writing.

If the employer does not sign the bill, it is suggested to express the notice of "forced resignation" by using the EMS way, and on the EMS detailed list, it is indicated that the document is "cancelling the contract notice" or "forced resignation notice", that is, the employing unit refuses to sign EMS. You may also prove that you have fulfilled the obligation of notification according to the refund receipt of the post office, which is refused by the employer.

Four, the worker resigns for personal reasons. Can he ask for compensation after he is forced to resign?

In practice, it is generally not supported.

Because when judging such disputes, the judicee will examine the reasons for the initial resignation of the laborers. Once the employer has evidence to prove that the reason for the resignation is personal reasons, for example, the resignation or cancellation notice has indicated the reason for resignation, the referee will recognize the reason as the real reason for resignation.

In general, employees will not be supported after changing their jobs in order to obtain economic compensation.

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