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Under what circumstances can a worker unilaterally terminate the labor contract

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Under what circumstances can a worker unilaterally terminate the labor contract


        

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  • 2024-06-15 06:00:59

    Article 38 of the Labor Contract Law stipulates that a worker may terminate his labor contract in any of the following circumstances: (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. If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance.

    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. If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance.

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    2024-06-15 06:00:59

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