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主持人:《劳动合同法》第三十七条规定:“劳动者提前三十日以书面形式通知用人单位,可以解除劳动合同。”此为通知解除劳动合同方式,劳动者必须提前履行通知义务。某用人单位与其职工签订的劳动合同中也有同样约定。《劳动合同法》第三十八条规定,用人单位有“未按照劳动合同约定提供劳动保护或者劳动条件”“未及时足额支付劳动报酬”等情形之一的,劳动者可以立即解除劳动合同,此为即时解除劳动合同方式。那么,劳动者能否依据劳动合同上述约定及《劳动合同法》第三十八条规定(用人单位拖
Moderator: “Labor Contract Law,” the thirty-seventh article: “The laborer thirty days in advance written notice to the employer, the labor contract can be lifted.” This is the notice to lift the labor contract, the worker must be fulfilled in advance Notice of obligation. An employer and its employees signed the labor contract also have the same agreement. Article 38 of the Labor Contract Law stipulates that if the employer has one of the cases of “not providing labor protection or working conditions in accordance with the labor contract” or “failing to pay labor remuneration in full and in time”, the worker may Immediately terminate the labor contract, this is the immediate termination of the labor contract. Then, whether the laborer can contract according to the above contract and the “labor contract law” the 38th stipulation (the employer tow