Do you have the right to make independent decisions after signing an employment contract? The answer is yes, the process of scheduled termination of an employment contract is one of the legitimate rights and interests of every employee. According to the Labor Law of the People's Republic of China, after signing a formal labor contract with the employer, the employee has the right to terminate the contract as long as it is within the contract period, and every employee can reach this decision by notifying the employer in writing 30 days in advance. In addition, if you are in the probationary period, you only need to give three days' notice to the employer, which can effectively express your desire to terminate the employment contract.
After the employee submits a written request to terminate the contract, there are certain procedures to complete the resignation, such as returning all property owned by the company, clarifying how wages will be settled, and ensuring that social security contributions are suspended. Of course, if the employee violates the provisions of the employment contract during this period, such as failing to notify the employer in advance or failing to complete the relevant matters related to the resignation in accordance with the regulations, then the employer has reasonable grounds to require the employee to bear the due liability for breach of contract. Therefore, when applying for termination of the contract, it is important for the employee to follow the relevant regulations to ensure that the entire separation process can be carried out happily.
When applying for termination of a contract, employees need to pay attention to how to protect their legitimate rights and interests from infringement in addition to complying with relevant laws and regulations. If the employer violates the law, such as failing to pay wages on time as agreed in the contract, or failing to pay overtime pay, then as an employee, you can file a complaint with the local labor inspection department to protect your legitimate rights and interests. And I would like to add that I suggest that you discuss with your employer before leaving your job to resolve some related issues, such as compensation for unused annual leave, to ensure that your interests are not lost.
In general, after signing the contract, everyone still has the right to terminate the contract, and only needs to notify the employer in advance and start the follow-up operation after completing the relevant procedures. Throughout the resignation process, I would like to emphasize that everyone must abide by the relevant regulations to ensure that the resignation process can be carried out smoothly; At the same time, we should also pay special attention to how to protect our legitimate rights and interests from being harmed.
Another point that must be mentioned for employees is the uncertain legal risks hidden in signing employment agreements with multiple employers. According to the relevant laws and regulations of China, each person can only sign a formal labor contract with one employer.
Therefore, if you have inadvertently signed more than one employment contract, it may be regarded as a duplicate employment contract with one of the employers. In this case, remember that when signing each new employment contract, you must clearly understand the definition of the employment relationship between yourself and various employers, so as to prevent yourself from holding key positions in other employers and causing yourself to fall into legal disputes. If you accidentally violate this law, you may be at risk of being forced to terminate your employment contract and possibly even pay liquidated damages. Therefore, we repeatedly remind the majority of workers that when drafting labor contracts, it is necessary to carefully read each clause, so as to reduce the disputes caused by negligence as much as possible, protect the right of workers to form associations without social supervision by third parties, ensure the free suffrage of workers in the process of executing the contract, and consistently abide by this clause required by law. If you are able to do so, try to make sure that the terms of the contract are in your favor.
Finally, let's take a look at what Article 37 of the Labor Contract Law of the People's Republic of China says, according to which an employee may decide to terminate an employment contract by giving them advance notice to the employer and then notifying them in writing. During the probationary period, the employee needs to express his or her intention to terminate the employment contract in writing three days in advance. Therefore, the legal conditions for the employee to exercise unilateral termination of the employment contract can be summarized in one sentence: notify the employer in advance and ensure that the statutory requirements are met in time.
Here, I would like to remind you that no matter what kind of rights you exercise, you must strictly abide by the laws and regulations and the rules and regulations of the employer, and do not arbitrarily terminate the employment contract for personal reasons, otherwise you may pay a high price for it.