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Can I resign after signing a two-year labor contract

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Can I resign after signing a two-year labor contract


        

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  • 2024-06-18 17:00:03

    You can resign after signing a two-year labor contract. China's law stipulates that the laborer can terminate the labor contract by notifying the employer in writing 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance during the probation period. According to the Reply of the General Office of the Ministry of Labor on Issues Related to the Termination of Labor Contract by Laborers, the notification of the laborer to the employer in writing 30 days in advance is both a procedure and a condition for the termination of labor contract. The laborer shall notify the employing unit in writing 30 days in advance to terminate the labor contract without obtaining the consent of the employing unit. After 30 days, the laborer shall apply to the employing unit for the cancellation of the labor contract, which shall be handled by the employing unit. This is the right that the law gives workers to choose their own occupation, and it is a basic right of workers, which is usually called "the right to resign". When a worker exercises the right to resign, he/she can unilaterally terminate the labor contract by giving a thirty day prior written notice. The labor contract can be officially terminated at the expiration of thirty days without the consent of the employer.

    Legal basis

    Article 38 of the Labor Contract Law, if an employer has one of the following circumstances, the worker may terminate the labor contract: (1) failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for workers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage 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 as stipulated by laws and administrative regulations.

    Article 37 of the Labor Contract Law of the People's Republic of China, a worker may terminate his labor contract by giving a written notice to the employer 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance during the probation period.

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