Labor law: I resigned for a month, and my boss didn t like me, and I deliberately delayed leaving

After a month, you can do a good job handover and leave the company.

Legal analysis: After submitting a resignation application one month in advance, you can leave regardless of whether the boss approves it or not. The employee's resignation only needs to be resolved in accordance with the provisions of the Labor Contract Law, and does not require the permission of the employer.

According to the Labor Contract Law, the probationary period is three days in advance, and the regular employee submits the resignation application one month in advance, and the obligation to inform is fulfilled if the employer does not agree to you leaving. If the employer is in arrears of wages or does not pay social insurance, or is required to carry out dangerous operations, it can go directly without the consent of the unit.

Legal basis: Article 37 of the Labor Contract Law The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

1. If the company refuses to let him go for one month after submitting his resignation, he can complain to the Labor Inspection Commission, or apply to the Labor Arbitration Commission for arbitration, and if he is not satisfied with the award, he can also file a lawsuit with the people's court. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration.

2. Legal basis:

Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or they do not perform the file after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; Except as otherwise provided in this Law, a person who is dissatisfied with the arbitral award may file a lawsuit with the people's court.

1. If the employee fails to resign in accordance with the legal procedures or the existing agreement, causing damage to the company, and there is a clear fact of damage, he shall be liable for compensation.

2. The company has the obligation to pay wages in full and in a timely manner, and generally shall not be in arrears or deducted for any reason. According to the relevant provisions, if the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. The compensation for economic losses may be deducted from the employee's own salary, but the monthly deduction shall not exceed 20 percent of the employee's monthly salary.

If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage. Of course, this provision varies from place to place in the process of implementation, and the specific provisions of the place where the labor contract is performed shall prevail.

3. In the actual process, the employer may completely deduct the employee's wages, and the parties can only protect their rights through the labor administrative department or labor arbitration institution. If so, it generally depends on the circumstances of the employee and the organization to provide their own evidence.

4. If you breach the contract first, it is reasonable to negotiate with the company. Good luck!

Summary. According to the law, it is indeed necessary to apply for resignation 30 days in advance, if you still do not resign after 30 days, you can apply for labor arbitration or file a complaint with the Labor Bureau.

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Hello, I'm glad for your question, according to the provisions of the law, if the employee resigns, if it is an internship period, then it is necessary to apply in writing three days in advance according to the unit, and if it is a formal code after the regularization, the employee needs to apply one month in advance.

So in principle, it's actually normal for your boss to let you leave after a month.

Is there any other workaround?

According to the law, it is indeed necessary to resign 30 days in advance, please if you still do not resign after 30 days, the bureau can apply for labor arbitration or file a complaint with the labor bureau.

I'm a new employee, can I just quit my job?

During the probationary period, employees can leave the company three days in advance, and the company is obliged to cooperate with you to handle the resignation.

Hello landlord.

I've had the same problem with you, but it was solved very well later, and my advice to you is:

1. You can't be stiff with the original unit, you must communicate with your superiors with emotion and reason, and persuade your leaders to go through the resignation procedures for you in advance. Maybe this is not a problem of leadership, but a problem of HR, you have to find the key link in the first place, and then find a way to solve it. As for what to do, you can lie and make up a reason why you have to leave early, and this reason must be sufficient, so that they feel that it is inhumane if they don't let you go.

It would be best if you could leave your job early at your original company.

2. If the original company can't handle the resignation procedures for you in advance, can you ask for leave during this time, or go directly to the hospital to open a sick leave slip.

3. If it doesn't work to ask for leave, just leave, of course, this may lead to your salary being deducted this month, but there is no way to do it, there will be gains and losses. Then you go back to the resignation process when you arrive, which of course is the next step.

4. Some companies ask for the resignation certificate of the original unit when they join the company, and there is also the problem of buying insurance. In this case, you can discuss with your leader that you will not go through the entry procedures on the 15th, but on the same class, wait for the original unit to get the resignation form, and see if the 10-day salary can be paid to you through other means.

In fact, some regulations are not so dead, only you know your current situation, to analyze rationally, choose the best way to do it, if it doesn't work, we can't do it, the key is to choose the right way. Good luck!

If you leave in less than a month, the company will think that you have left voluntarily, so your last month's salary may be gone, but the main thing is that the original company can temporarily suspend your resignation. In that case, your resignation certificate, unemployment certificate and insurance cannot be transferred temporarily, and if you force it, the labor law stipulates that it will be processed within 60 working days. So it is strongly recommended that you do not force walking.

The advice to you is: communicate with the original company, explain your reasons, and explain the particularity of the matter, and ensure that if the original company still needs to handle things after leaving the company, it will be on call 24 hours a day, and take the time to go back to the company to handle it, so as not to cause trouble to the original company. I hope that the company's leaders can understand.

In addition, I negotiated with the company that I would not want the last month's salary, and I hope to leave my job as soon as possible and go through the relevant procedures for resignation.

Hope it helps!

It is recommended that you do not negotiate terms with the original company, the upstairs practice will make you miserable!

1. If you want to leave early, you can find the employer's flaws in your labor relationship handling issues, such as insufficient social security payment standards; Overtime is not paid or overtime pay is not paid in full, etc., this kind of problem exists in almost all enterprises, and after finding it, talk to the unit, ask the unit to agree to resign in advance, and threaten to go to the labor and social security inspection to complain. In this case, the employer will generally give in.

2. If you force yourself to walk, the employer may sue you for causing them financial losses and putting yourself in a disadvantageous situation. At the same time, you may cause trouble when you go through procedures such as transferring your social insurance relationship.

Employees need to apply for unilateral access to the labor contract one month in advance, and the employment relationship can be terminated at any time during the probationary period.

Generally speaking, the labor law still protects our ordinary workers, and the workers can terminate the labor relationship at any time, but if there is a contract, the relevant provisions of the contract on the resignation of the employee should be given priority. For the employer to dismiss the employee, there will be many restrictions on the termination of the employment relationship, such as a certain amount of economic compensation. However, as an employee, you do not have to bear similar responsibilities, unless the employer has provided you with labor skills training in the past month, etc., in which case, you may need to compensate the employer for the corresponding training costs.

Since you've been working for less than a month and you should have agreed on a probationary period, you don't have to worry. Raise it with the unit, and then leave.