What should I do if the resignation company does not approve and maliciously obstructs and delays?

Updated on society 2024-03-21
16 answers
  1. Anonymous users2024-02-07

    1. During the probationary period, you can leave after notifying the company in writing 3 days in advance. If you resign during the non-probationary period, you can also leave after 30 days' written notice, regardless of whether the company approves it.

    This is the way for an employee to resign in accordance with the law, as clearly stipulated in Article 37 of the Labor Contract Law.

    1) Article 50 of the Labor Contract Law: "The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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 handle the handover of work in accordance with the agreement between the two parties.

    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. ”

    2) Article 89: "If an employer violates the provisions of this Law and fails to issue a written certificate of dissolution or termination of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation. ”

    3. On the question of whether there are flaws in the regularization procedure during your probationary period: I don't think there is any need to dwell on it, although the regularization procedure is slightly flawed, but you have not pursued it after knowing that you have been regularized and have acquiesced until now, it is deemed that you agreed. And not being on probation does not affect your resignation, but you must submit a written notice 30 days in advance.

    Suggestion: Submit a written resignation report 30 days in advance, and note to retain the evidence of the written notice, after the expiration of the notice the company can also leave, if you can't get the resignation certificate, you can find the labor inspection or labor arbitration commission, but it is best not to say goodbye, the company has the right to deduct your resignation certificate or let you compensate for the loss of illegal resignation.

  2. Anonymous users2024-02-06

    If you want to resign, you only need to give 30 days' written notice to the employer, and the employer does not need to approve it.

    After the written notice, you should keep the evidence safe.

    Such as the post office's mailing slip.

    Legal basis: Article 37 of the Labor Contract Law provides that 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.

  3. Anonymous users2024-02-05

    1. If you have not signed the labor contract for more than one month, you have the right to ask the employer to pay double wages; 2. Article 48 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law; Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. 3. To terminate the labor relationship, the employer shall notify you in writing 30 days in advance, otherwise you need to pay one month's wages in lieu of notice; 4. You have the right to request the employer to pay back social insurance; 5. You have the right to request the employer to pay the arrears of overtime wages and overtime wages on holidays; 6. If the employer does not pay, you can complain to the labor inspection department, and if necessary, you can also directly apply for labor arbitration to protect your legitimate rights and interests.

  4. Anonymous users2024-02-04

    First of all, it takes about a month to leave the company, which is a reasonable requirement of the company, and there is no problem. Working in a company is not child's play, and it is impossible to just leave.

    Secondly, if you are really in a hurry, you can discuss with the company, first take a few days off to get your own things done, and then come back to hand over the work in hand. Talk to the company well, theoretically you are determined to leave, and you are willing to do a good job of handover, and the company has no reason to refuse. Tuan Qiao search.

  5. Anonymous users2024-02-03

    The company has its own rules and regulations and resignation process, and it is impossible to immediately approve your resignation because you have urgent reasons. The company needs to recruit people, your job is cleared and you need to be handed over, and your resignation application needs to be approved step by step, all of which take time. It is recommended to apply according to the company's resignation process, and if there is an emergency, you can ask for leave.

  6. Anonymous users2024-02-02

    Nowadays, employees are more Buddhist, even if they resign, they may just say hello and leave, never go through the resignation procedures, maybe they have not realized the importance of the resignation procedures for finding the next bridge job, so what are the consequences of the unit not doing the resignation procedures? Here's an introduction to the relevant content.

    OneWhat are the consequences of not going through the resignation procedures of the unit?

    Consequences of not completing the resignation formalities:

    1) If the employer fails to go through the resignation formalities for the employee and does not issue a written certificate of termination of the labor contract, it shall be liable for compensation if it causes damage to the employee;

    2) If the employee leaves directly without going through the resignation formalities and causes losses to the employer, he shall be liable for compensation.

    Article 89 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to issue a written certificate of dissolution or termination of the labor contract to the employee in violation of the provisions of this Law, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

    Article 90 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 upon in the labor contract, and causes losses to the employer, he shall be liable for compensation.

    IIThe difference between a company paying social security and an individual paying social security

    1) Different types of insurance: The company's social security generally includes: endowment insurance, medical insurance, work-related injury insurance, unemployment insurance and maternity insurance, referred to as five insurances. Individuals who participate in social security can only participate in endowment insurance and medical insurance, and in some areas, they can participate in unemployment insurance.

    2) Different payment ratios: The part of the social security paid by the unit includes, which is jointly borne by the unit and the individual: endowment insurance, medical insurance, unemployment insurance, and the payment by the unit alone

    Maternity insurance and work-related injury insurance. The part of the social security paid by the individual is all borne by the individual: endowment insurance and medical insurance.

    3) Different local restrictions: Units can pay social security regardless of local or non-local, as long as they work full-time. Individuals who pay social security must be locals, and outsiders can only participate in employee social security.

    4) The payment base is different: the payment base of the unit to pay social security is the average salary of the employee in the previous year. The payment base for individuals to pay social security is fixed at high, medium and low levels for individuals to choose.

    IIIWhat is the meaning of the nature of the enterprise?

    The enterprise is an independent legal person, has independent legal person property, and enjoys the property rights of legal person; An enterprise refers to a limited liability company and a shareholding company established in China in accordance with this Law. Enterprises include enterprises owned by the whole people, enterprises under collective ownership and other enterprises. The enterprise is liable for the debts of the company with all its assets.

    For employees, if they do not go through the resignation procedures, they can have an impact on their health, so they must submit the resignation application in advance when handling the resignation.

  7. Anonymous users2024-02-01

    Normal resignation, the general probation period of the employee, 3 days in advance, regularization, and one month in advance to the company to submit a resignation application.

    1. There are three situations in which an individual proposes to resign:

    1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing 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. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

    2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation 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.

    Labor Contract Law!

    In other words, if you submit an application to leave your job, the company can only detain you for 30 days, regardless of whether you accept it or not.

  8. Anonymous users2024-01-31

    It is really not possible to apply for arbitration.

  9. Anonymous users2024-01-30

    Resignation Report I wrote my resignation application verbally for a few months, and my resignation application a month ago pressed my salary for a month and a half.

  10. Anonymous users2024-01-29

    If you want to resign, the company will not let you go, there are two situations, one is that your business ability is strong, the company is reluctant to let you leave the inside, then you have to consider whether this company is suitable for your development, if you feel that there is no future, just leave decisively, just don't go. The second is that you don't like the current leader, so you don't care about him, write a resignation report and leave.

  11. Anonymous users2024-01-28

    It depends on the situation, if the ability is strong, the company is reluctant to let you go, the company generally will not drag too much, you can promote the salary increase, if it is a deliberate run, leave as soon as possible.

  12. Anonymous users2024-01-27

    It depends on the situation, and you're not a civil servant, so there's not much restriction now, if there's nothing in arrears, you just leave directly, there's nothing you don't let go, anyway, if you don't go for a long time, you'll automatically leave your job.

  13. Anonymous users2024-01-26

    I think that in fact, all the reasons for leaving the job, in the final analysis, should be "people go to higher places".

    These five words, the human rights of resignation, are full of yearning and longing for a new position. Here, I wish those who resign can climb the heights step by step! You don't have the patience to wait, you can just ask.

    Ask your own leaders and personnel, and you will know it in your heart after asking. If you don't plan to ask for you, you can go straight to the next one.

  14. Anonymous users2024-01-25

    The company wrote a resignation report, and the company just wouldn't let it go.

  15. Anonymous users2024-01-24

    I have also encountered this kind of problem recently, the difference is that I pressed my salary for four months, the company can't give me a platform for development, I don't want to waste my time, time is the most important, I don't care about money, as for character, just say it, those who become big things are not informal, am I right?

  16. Anonymous users2024-01-23

    If you resign because you are sick, you won't be rejected.

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