The resignation report was not approved by the company one month after it was submitted

1. There are two ways for workers to resign normally:

First, in accordance with the provisions of Article 37, the employer shall be notified 30 days in advance without the approval of the employer. However, the employer is not liable for economic compensation;

Second, if the labor contract is terminated in accordance with the provisions of Article 38, it is not necessary to terminate the labor contract 30 days in advance or to approve it, and the person can leave immediately. In addition, the employer must also pay severance of one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.

2. Therefore, it is recommended that you refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, such as: not signing the labor contract, not arranging working hours in accordance with national regulations, not paying labor remuneration on time and in full, maliciously deducting the wages of employees, indiscriminately imposing fines, not paying overtime wages for overtime, collecting deposits from employees, and failing to establish national statutory social insurance for employees on time.

3. If the resignation letter has been submitted and the unit does not approve it, what you have to do now is:

First, find a way to get back the resignation letter you submitted before as soon as possible, I don't know what you wrote in the resignation letter, but the reason for your resignation is very important, if it is not written properly, even arbitration will be unfavorable to you, not to mention vested interests will be lost.

Second, write a new "Notice of Termination of Labor Relationship", the main contents of which are: (first state any one or two of the above-mentioned reasons for resignation), propose to terminate the labor relationship in accordance with the relevant provisions of the Labor Contract Law, request the employer to pay the arrears of wages in full in accordance with the relevant provisions of the Labor Contract Law, pay severance and arrears of wages in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law, and go through the resignation procedures in a timely manner in accordance with the provisions of Article 50 of the Labor Contract Law.

Third, the "notice" must be signed by the unit, and he will be delivered by ** letter or express delivery without signing, so as to ensure that evidence of the delivery of the notice is left. You're good to go.

4. If the employer does not perform its responsibilities according to the above requirements and does not pay the relevant fees and wages, you can directly apply to the local labor administrative department for labor arbitration (no fees, no lawyers), and claim compensation from the unit through the award issued by the labor arbitration, and if you do not pay compensation, you can apply to the court for enforcement.

As long as you can prove that you have submitted for 1 month, you can leave at any time. Unless the original contract or agreement specifies the time required to leave the company and it is in accordance with the law. But, even then, resignation is not such a resignation.

After all, it's good to get together and disperse. You make your determination clear to the boss of the company, don't hesitate, it will be over as soon as your heart softens.

Legal analysis: It is illegal to write a resignation report and the company does not approve the sale, because according to the relevant laws and regulations, the employee can terminate the labor contract by notifying the employer in writing 30 days in advance. An employee may terminate the employment contract if he or she notifies the employer three days in advance during the probationary period.

If the company does not approve it, you can file a complaint with the Social Labor and Social Security Bureau.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee enter into a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

According to the provisions of the Labor Contract Law, you only need to notify the employer in writing one month in advance if you want to resign, of course, you need to keep the evidence of submitting the resignation report in writing, and you do not need the approval of the employer, and your employment relationship will be terminated after one month, you only need to prove that you have notified the employer in writing one month in advance. The company is not allowed to withhold your salary and deposit.

Article 84 of the Labor Contract Law stipulates that if an employer violates the provisions of this Law by collecting property from an employee in the name of guarantee or other means, the labor administrative department shall order the employee to return it within a time limit and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation. Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

Legal analysis: The resignation report was submitted one month in advance, and the company did not approve the resignation. 1. In the case of Article 38 of the Labor Contract Law, if you propose in writing to terminate the labor relationship, you can leave immediately without the approval of the employer, and you can request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. You can mail the notice of termination of labor relationship to the employer (that is, the resignation letter and resignation report) by express delivery or ** letter, so as to facilitate the retention of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

Legal basis: Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall, in accordance with the agreement between the two parties, handle the exchange of good work. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

It is illegal for the company to refuse to approve the resignation report, because according to the relevant laws, the employee can terminate the employment contract by notifying the employer in writing 30 days in advance.

The resignation process goes like this:

1. A written notice of resignation shall be issued to the employer 30 days in advance;

2. After the expiration of the term, Qi Xun shall ask the employer to issue a certificate of termination of the labor contract, and go through the procedures for the transfer of files and social security relations;

3. Workers should handle the handover of work and hand over their work to other employees of the unit;

4. The employer shall be allowed to pay the remaining wages in a lump sum, and if there is economic compensation, the employer shall be required to pay it.

Legal basisArticle 37 of the Labor Contract Law of the People's Republic of China.

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.

Article 38.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations by directing or forcing risky work to endanger the employee's personal safety, the employee may immediately terminate the labor union without prior notice to the employer.