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Provisions on employee leave notice and leave adjustment
Legal basis:
People's Republic of China (PRC) labor contract law
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under 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 laborers according to law; (four) 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 in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employer in advance.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(1) It is proved that it does not meet the employment conditions during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is caused by the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law.
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