Can I take a leave of absence during a month of resignation?

If there is indeed something wrong, you can apply for leave, and whether to approve it still needs to be determined by the employer according to the actual situation.

1. If a worker is sick or injured not due to work, the employer shall pay sick leave pay in accordance with the provisions of the labor contract or collective contract during the sick leave. The sick leave pay paid by the employer shall not be less than 80% of the minimum wage standard of the city.

2. If an employee is sick or suspended from work due to non-work-related injury**, the employer shall pay the employee sickness and injury leave pay at a rate not less than 60% of his or her standard salary during the medical treatment period prescribed by the state.

3. That is to say, the employer may determine the standard of sick leave pay between 60% and 100% of the standard wage, but no matter what the standard is, the sick leave pay paid by the employer to the employee shall not be less than 80% of the minimum wage.

For example, if an enterprise stipulates that sick leave pay is paid at 60% of the employee's standard wage, and the standard salary of employee Wang is just the same as the minimum wage, then the enterprise should pay Wang the salary during sick leave at 80% of the minimum wage.

4. Otherwise, it is a deduction of wages, and the unit must pay the wages of the employees in full, and pay the employees 25% of the arrears or deduction of wages as economic compensation. If you terminate the employment relationship on this ground, you can also request the termination of the employment relationship.

It is legal to take leave during the resignation period. The period of resignation is still protected by the Labor Law, which provides that workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, and the right to receive vocational skills training. Therefore, it is legal to take time off during resignation.

Legal basis] Article 3 of the Labor Law of the People's Republic of China states that workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

You can take a leave of absence within one month of resignation.

As long as the conditions for leave are met, there is no necessary relationship with the proposal to resign. As long as the labor contract has not been formally terminated and there is still an employment relationship between the company and the employee, the employee can apply for leave in accordance with the company's rules and regulations. But the time of leave should not be too long, one day, two days can be understood, if the time is long, the company is impossible to accept, can not because of the resignation, long leave and affect the normal operation and order of the company, so the company understands at the same time, but also understands the company.

If the employee is on personal leave, the employer's consent and approval are required; If you are on sick leave, you need to provide a certificate of hospitalization and a certificate of diagnosis from the hospital. If the employer does not approve the employee's leave, and the employee does not go to work without authorization, it is considered absenteeism and will be deducted from the employer's wages.

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

Article 37 A worker 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.

Summary. Hello, yes, take a month off, and then you really can't resign, and the boss said, a month off has not solved the matter, which means that you have encountered something difficult to solve, and you want to resign.

Is it feasible to take a month off work and then resign?

Hello, yes, take a month off, and then you really can't resign, and the boss said, a month off has not solved the matter, which means that you have encountered something difficult to solve, and you want to resign.

What if the company doesn't approve it.

If a notice of unilateral termination of the labor contract is issued to the employer 30 days in advance, even if the head of the employer does not sign the approval, the applicant can leave the original employer after 30 days, and if the employer does not perform the relevant formalities in accordance with the law, he can initiate labor dispute arbitration, or he can apply for labor security supervision to require the employer to perform its statutory obligations.

Because the company does not approve the resignation, so only take a month off How to solve this situation reasonably.

Hello dear, that can be separated.

Can I take time off work after I resign? One month.

After the employee resigns, he or she can ask for leave until he or she resigns, but generally if the employee takes sick leave, the employer needs to pay the employee's salary; If the employee takes personal leave, the employer does not need to pay the employee's salary, and the general personal leave requires the employer's consent and approval. Sick leave means that when an employee needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise shall grant a certain amount of medical leave according to the employee's actual working years and working years in the employer. Sick leave workers can be paid as usual, and for sick leave, it is not less than 80% of the local minimum wage.

The employer has no right to withhold approval if the employee is sick. Workers enjoy the right to health, which is a basic human right, and if an employee takes sick leave when he is sick, the employer has the right to perform the leave procedures according to the requirements of the management system. However, if the employee really needs it, the employer has no right to refuse.

Can an employee take indefinite sick leave? The answer is no. Employees are entitled to a certain period of sick leave based on the number of years of service in the company.

That is, the medical period. According to Article 3 of the Notice of the Ministry of Labor on the Issuance of the Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees (Ministry of Labor Law [1994] No. 479), when an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be granted a medical treatment period of 3 months to 24 months according to his actual working years and working years in the unit: (1) if the actual working experience is less than 10 years, 3 months if the actual working experience is less than 5 years; 6 months for more than five years.

2) Where the actual working experience is more than 10 years, 6 months for those who have worked in the unit for less than 5 years, and 9 months for those who have worked for more than 5 years and less than 10 years; 12 months for between 10 and 15 years; 18 months for those between 15 and 20 years; 24 months for more than 20 years. According to the "Notice on Implementing the Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (Lao Bu Fa [1995] No. 236), for certain employees suffering from special diseases (such as cancer, mental illness, paralysis, etc.) who cannot be cured within 24 months, the medical treatment period may be appropriately extended with the approval of the enterprise and the local labor department. According to Article 59 of the Opinions on Several Issues Concerning the Implementation of the Opinions, during the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

Legal analysis: you can ask for leave, but the time of leave should not be too long, one day, two days can be understood, if the time is long, the company is impossible to accept, can not be because of the resignation, take a long leave and affect the normal operation and order of the company, so the company understands at the same time, but also understands the company.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 An employee may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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 arbitrarily directs or forces the employee to perform risky work in violation of regulations and endangers the employee's personal safety, the employer may terminate the labor contract immediately without prior notice to the employer.

[Legal Analysis].You can ask for leave, but the time of leave should not be too long, one day, two days can be understood, if the time is long, the company is impossible to accept, can not be because of resignation, long leave and affect the normal operation and order of the company, so in the company to understand at the same time, but also to understand the company.

[Legal basis].Labor Contract Law of the People's Republic of China Article 38 An employee may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the employee may terminate the labor contract as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of his or her personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

Legal analysis: Whether you can ask for half a month of leave after resigning from Lao Li's post should be decided according to the actual situation. If the employee resigns one month in advance and then takes one month of leave, if the employee takes personal leave, the employer's consent and approval are required; If you are on sick leave, you need to provide a certificate of hospitalization and a certificate of diagnosis from the hospital.

If the employer terminates the labor contract and the labor union deems it inappropriate, it has the right to put forward opinions. If the employer violates laws, regulations or labor contracts, the labor union has the right to request a new process.

Legal basis: Article 30 of the Labor Law of the People's Republic of China If an employer terminates a labor contract, the labor union shall have the right to put forward opinions if it deems it inappropriate. If the employer violates laws, regulations or labor contracts, the labor union has the right to request a new process. Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

Summary. The answer to wanting to leave your job after taking a month off is that if you are on sick leave, you can get your salary for the previous month.

If it is a personal leave, then there is no pay for taking it for a month.

In addition, you must submit a written resignation report 30 days in advance in accordance with the provisions of the labor law to resign, if the employer does not agree, you can automatically leave after 30 days, which is stipulated by the labor law, and the company cannot deduct wages for any reason.

I want to leave my job after taking a month off.

The answer to wanting to leave after a month of leave is that if you are on sick leave, you can get your salary last month If it is personal leave, then you have no pay for a month, in addition, you must submit a written resignation report 30 days in advance in accordance with the provisions of the labor law to resign, if the unit does not agree, you can automatically leave after 30 days, this is stipulated by the labor law, and the company cannot deduct wages for any reason.

Hello dear, the above is. I hope you can help you with the answers. If you have any other questions for me, I can continue to answer them. 

The answer to wanting to leave after a month of leave is that if you are on sick leave, you can get your salary last month If it is personal leave, then you have no pay for a month, in addition, you must submit a written resignation report 30 days in advance in accordance with the provisions of the labor law to resign, if the unit does not agree, you can automatically leave after 30 days, this is stipulated by the labor law, and the company cannot deduct wages for any reason.

The answer to wanting to leave after a month of leave is that if you are on sick leave, you can get your salary last month If it is personal leave, then you have no pay for a month, in addition, you must submit a written resignation report 30 days in advance in accordance with the provisions of the labor law to resign, if the unit does not agree, you can automatically leave after 30 days, this is stipulated by the labor law, and the company cannot deduct wages for any reason.

Hello dear, the above is. I hope you can help you with the answers. If you have any other questions for me, I can continue to answer them. 

Now during the Chinese New Year, this month happens to be the month when I take leave, and the company will start work on the 9th of next month.

But you are asking for leave rather than leaving your job, according to the information sent to you, you have to say a month in advance, and then you can leave automatically after 30 days.