Legal analysis
1. It is very important to have legitimate reasons for resigning. As long as the reason is legal, no employer can refuse. Of course, if there is no legal reason, not only can you not leave your job, but the company will also find trouble if you leave. If you can't get compensation, you have to pay liquidated damages, and you can't go through the resignation procedures, which is very troublesome for future employment. 2. Resignation thirty days in advance conforms to the provisions of Article 37 of the Labor Contract Law, which is a legal dissolution of the labor contract and does not bear the liability for compensation as stipulated in Article 90 of the Labor Contract Law. 3. If you don't go through the special training of the unit, don't belong to the position of non-competition or confidentiality, and don't sign the Service Period Agreement or Confidentiality Agreement, but there are clauses in the labor contract that require workers to pay liquidated damages, it violates the provisions of Article 25 of the Labor Contract Law. According to Article 26 of the Labor Contract Law, it is an invalid contract or invalid clause, and you should not pay the liquidated damages at all. 4. With reference to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, the reasons for resignation are put forward, such as not signing a labor contract, not arranging working hours in accordance with state regulations, not paying labor remuneration in full and on time, not paying overtime wages for overtime work, not establishing national legal social insurance for workers on time, and collecting workers' deposits. 5. Find a suitable reason, the employer and the employee can agree on the service period according to the provisions of Article 26 of the Regulations for the Implementation of the Labor Contract Law. If the employee terminates the labor contract according to the provisions of Article 38 of the Labor Contract Law, it is not a violation of the service period, and the employer may not require the employee to pay liquidated damages. 6. Resignation due to the above reasons not only does not need to pay liquidated damages, but also requires the unit to pay one month's salary for each year of work according to the provisions of Article 46 of the Labor Contract Law.
legal ground
Article 22 of the Labor Contract Law of People's Republic of China (PRC) * * * Where an employer provides special training fees for its employees and provides them with professional and technical training, it may conclude an agreement with the employees to stipulate the service period. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period. If the employer and the employee agree on the service period, it will not affect the employee's improvement of labor remuneration in accordance with the normal wage adjustment mechanism during the service period.