What is the difference between self departure and resignation? Please, 3Q

Resignation is the termination of the labor contract through negotiation between the two parties. Because the contract period has not expired, the employer generally submits an application for termination of the contract, and after the employer agrees, it is deemed to have negotiated the termination of the labor contract, and the employer shall pay the labor remuneration and other rights and interests due to the employer. Self-resignation means that the employer unilaterally terminates the labor contract without consulting with the employer, which not only does not get the labor remuneration it deserves, but also may be sued by the employer for breach of contract losses.

Don't leave yourself unless you have to.

There are three situations in which an employee may terminate a labor contract: First, if an employee proposes to terminate the labor contract (resign) in accordance with Article 37 of the Labor Contract Law, the employer shall be notified 30 days in advance (3 days during the probationary period) without the approval of the employer. However, the employer is not liable for economic compensation; Second, if the employer proposes to terminate the labor contract in accordance with Article 38 of the Labor Contract Law (the employer is unlawful), it does not need to be approved 30 days in advance, and the employee can leave immediately.

In addition, the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis (self-departure), the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90 of the Labor Contract Law, and the employer can use the method of deducting wages as compensation.

Resignation is the resignation of the employee, which is the act of the employee taking the initiative to request the company to terminate the labor contract or labor relationship. According to the relevant regulations, the employee needs to notify the company in writing 30 days in advance to terminate the labor contract: the employee can terminate the labor contract by notifying the company three days in advance during the probationary period.

At this time, the company is not required to pay severance payments.

Leaving the job is a bit of a parting meaning. Many companies' rules and regulations now state that if an employee does not show up for three consecutive working days without asking for leave or explanation, it counts as voluntary departure. The following are the cases that fall within the scope of voluntary separation:

Employees leave or leave without permission because their resignation is not approved or their request to terminate the labor contract is not approved: they leave without giving reasons, and they change jobs because they are treated favorably by other companies.

There is no legal argument for voluntary resignation.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An 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.

The distinction between resignation and self-departure is: 1. The nature is different. Resignation is the act of the employee requesting the employer to terminate the labor contract or labor relationship; Self-departure is an act in which an employee forcibly terminates the labor relationship with the enterprise by leaving the company without authorization according to the company's own situation.

2. The treatment is different. 3. The main body is different. The entity that terminates the contract with the Labor Agency may be the employer or the employee.