The boss doesn t want to resign how to protect his rights and interests

1. If you have not signed a labor contract, you can leave immediately after your resignation in writing, and in addition to asking the unit to pay your salary and deposit, you can also claim economic compensation, double salary from the second month, and social security payment;

2. If the negotiation fails, you can apply for labor arbitration, and the key is that you need evidence of labor relationship with the employer. For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).

See Article 10 of the Labor Contract Law: A written labor contract shall be concluded to establish an employment relationship.

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 conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 82 Where an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If you terminate the labor relationship on the grounds of not signing the labor contract (no prior notice or application) and apply for labor arbitration, you can get eight months' salary for unsigned contract compensation, all overtime pay arrears or underpayment, economic compensation for one month's salary, and five social insurances and one housing fund. (The salary mentioned above is not the base salary, it is the average of your actual income for these eight months).

1.What should I do if my boss refuses to resign?

According to Article 37 of the Labor Contract Law of the People's Republic of China, an employee may terminate an employment contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period. Therefore, after the expiration of the probationary period, the employee can go through the procedures for terminating the employment contract after fulfilling the 30-day notice period, without the consent of the employer.

2. The consequences of an individual's resignation are divided into three situations:

1.The employer falls under Article 38 of the Labor Contract Law. If the employee submits a written request to terminate the labor relationship, he or she may leave the job immediately without the consent of the employer, and may request the payment of the remaining salary and severance (one month's salary for each full year of service) and go through the resignation procedures.

2.According to Article 37 of the Labor Contract Law, a person who submits a written resignation 30 days in advance may resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer has the obligation to settle the salary and go through the resignation procedures.

3.If the employer does not leave the job 30 days in advance, and the employer does not have the circumstances stipulated in Article 38 of the Labor Contract Law, it can directly submit a resignation letter to resign. At this point, you're breaking the law.

The employer may require you to bear the direct financial losses caused to the employer and the costs incurred in recruiting you.

From the above explanation, it can be known that resignation can be done as long as it goes through the normal procedure, and there is no reason why the boss should not approve it. If not, it can be resolved through legal means. The above is the relevant content compiled by Bian Xiao for everyone.

If you have further questions or further requests, you can consult the relevant lawyer.

Legal analysis: If you have submitted your resignation in writing 30 days in advance, you can resign after 30 days without the consent of your boss. If the boss does not agree, he can apply for mediation or labor arbitration.

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

Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

1. Tell the truth. The tone is tactful, try to take the responsibility on yourself, for example, I am not up to the job, staying here will only bring losses to the company, and the smart boss will know what it means when he hears it. Note that it's best not to say that the company is bad, anyway, it's all gone, save some face for the company.

Be sincere!

2. If the boss is very good to you, tell the truth and will understand you or help you. If the boss is bad, whatever. It's not easy to meet a good boss, don't quit easily.

3. If you want to resign euphemistically, it requires a little skill: for example, I myself have been working here, although I have been working here for a while, I always feel that I can't keep up with the rhythm here, I am not suitable for the working environment here, and I also feel some pressure. I want to change the working environment, so I am here to resign, and I hope that the superior leader will give approval!

4. If you have no nostalgia for the company or the boss treats you badly, then you can resign with confidence, because you don't owe him anything, of course, it is good to be a moderate euphemism.

5. Those who have no contact with the previous boss and do not want to engage in this industry and upstream and downstream industries. You can tell him all the unpleasantness of the ambush in your heart, vent all your complaints, and go down first.

If your boss treats you badly, quitting your job can be a good way to solve the problem. Here are some suggestions:

First, you need to understand your rights and the options available. You can consult with a local employment lawyer or law firm to understand your rights and the actions you can take.

If you believe that your boss is acting in violation of Hobson's labor laws, you can take action. For example, if you think your boss isn't paying you the salary you deserve, you can negotiate with your boss and come up with a solution. If these efforts don't work, you may consider seeking legal help.

Before taking any action, you need to assess your situation and make sure that your actions are legal. You may need to be prepared for actions such as talking to your boss or filing a lawsuit.

Finally, remember to maintain good communication and relationships with your employer. Even if you decide to leave, respect their rights and interests and try to avoid encountering similar problems in future work.

If an employee has resigned, the employer shall pay the employee's wages, and if the employee has suffered certain losses due to the resignation, the employer may require the employee to pay certain compensation. If wages are not paid in time, there are two ways for Yuxiao to request payment of wages: 1. Workers can complain to the local labor bureau for labor inspection; Pros:

It's simple. Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the local labor bureau and demand payment of wages.

If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the labor relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance payments. Pros:

In addition to wages, financial compensation, double wages, etc., can also be claimed, and generally can be finally resolved; Cons: Wage payment regulations in each province. For example:

Article 13 of the Regulations of Guangdong Province on the Payment of Wages stipulates that if an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship. Article 33 of the "Shandong Provincial Regulations on the Payment of Wages to Enterprises" stipulates that if an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated. Article 90 of the Labor Contract Law of the People's Republic of China stipulates that if an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.

Article 16 of the Interim Regulations on the Payment of Wages provides that if an employee causes economic losses to the employer due to his/her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.

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.

If you have submitted your resignation in writing 30 days in advance, you can resign after 30 days without the consent of your boss. If the boss does not let him go, he can apply for mediation or labor arbitration. According to the provisions of the Labor Law, if a labor dispute arises between an employer and an employee, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or may resolve it through negotiation.

Legal basis: Article 77 of the Labor Law.

Employees have the right to resign, and it is a violation of the Labor Contract Law for the company not to allow employees to resign, and employees can complain to the local labor administrative department or apply for labor arbitration. Use legal means to protect their legitimate rights and interests. According to Article 37 of the Labor Contract Law, an employee may terminate a 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.

Relevant provisions of the Labor Contract Law

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; The probationary period shall not exceed six months for fixed-term and indefinite-term labor for more than three years.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Paragraphs 1 and 2 of Article 39 and Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service.