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试用期内劳动者辞职是否需要承担违约责任,涉及到试用期与服务期的法律适用问题。解答这一法律适用问题首先应当明确试用期与服务期在劳动法上做何界定;其次,两者在法律适用上应当遵循法律适用的一般原理;最后,在上述法律适用中体现的法律价值也应当符合社会之公平正义。本文以案例分析的形式阐述这一问题。
During the probationary period whether the worker resigns should bear the liability for breach of contract, which involves the legal application of probationary period and service period. To answer this question of the application of law, we should first of all define the definition of labor law in terms of probationary period and service period. Secondly, both should follow the general principle of the application of law in the application of law. Finally, the legal value embodied in the application of the above law Should be in line with social justice. This article addresses this issue in the form of a case study.