How to handle the resignation procedures of employees of Great Wall Broadband Company?

You should not take the initiative to terminate the employment contract, otherwise there will be no financial compensation. If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time without receiving a formal written notice (with the official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer violates the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Pay attention to keep the written notice and handover list of the company's request for you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed.

If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department. Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.

My Space has the legal provisions mentioned above, which you can check out.

Say it to your head, generally 10 days and half a month in advance.

Generally, if you are not in a special position in the company, if you do not go to work for more than a certain period of time, you may be counted as leaving yourself.

If the resignation procedures are not completed, the unit cannot complete the corresponding work handover and carry out the corresponding adjustment of the work tasks in an orderly manner, which may cause corresponding losses to the unit. It is recommended that you provide a written application explaining the specific situation and leave the job normally; If it is recommended to reach an agreement with the employer for personal emergency reasons, the labor contract will be terminated.

Voluntary separationIt refers to the employee who does not perform the termination procedures when terminating the labor relationship, leaves the post without authorization, or leaves the employer without completing the termination procedures.

The employer shall pay attention to the employees who leave the company without authorizationIt can be treated as absenteeism and given dismissal。According to national regulations, employees who voluntarily leave their jobs do not enjoy any benefits (enterprises will have the right to stop paying social security and provident fund for self-departing employees).

According to Article 37 of the Labor Law, 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.

If there is a training agreement between the two parties, Article 22 of the Labor Law needs to be fulfilled: if the employer provides special training expenses for the employee and provides him with professional and technical training, it may enter into an agreement with the employee to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer refuses to go through the resignation formalities for the employee, the employee may file a complaint with the local labor inspection department and request the employer to complete the resignation formalities for the employee.

The process for employees to go through the resignation procedures:

1. Do health examinations for employees engaged in operations with occupational disease hazards.

2. Handle the handover of work. Except for the handover of work, the departing employee shall immediately stop engaging in all business in the name of the employer. Handover the work that the employee is doing to another person or supervisor.

Work handovers can help prevent employees from leaving their jobs in a hurry, causing work disconnects, and reducing unnecessary financial losses.

3. The company's property, documents and debts are settled.

During the employee's stay in the company, the company shall designate a special person to receive the property belonging to the company that is distributed by the company or in the hands of the employee himself. And clean up all the documents and materials kept and used by employees during their employment, such as customer lists, various charts and drawings, financial books, work plans, technical data, etc. In addition, when the employment contract is dissolved or terminated, the company should check whether the employee owes debts to the company during his employment, such as loans, compensation, fines, etc.

4. Return the employee's certificate and settle the salary.

5. If the company proposes to terminate the labor contract, it shall pay economic compensation to the employee in accordance with the provisions of the Labor Contract Law.

6. Sign a non-compete agreement. If the company deems it necessary to sign a non-compete agreement, the corresponding obligations of the employee shall be specified in the termination agreement.

7. Issue a certificate of dissolution or termination of the labor contract.

8. Handle the procedures for the transfer of files and social insurance relations. The Labor Contract Law stipulates that the company shall handle the procedures for the transfer of files and social insurance relations for employees within 15 days after the termination of the labor contract.

If the employee does not go through the resignation procedures and voluntarily leaves the company for up to 30 days, the company will remove the employee. Moreover, if you pay social security, then you have not obtained the certificate of termination of the labor contract and the social security handbook, then you cannot sign a contract with the new company in the future, and you cannot apply for social security.

You can resign one month in advance, and you can leave after one month, which is stipulated by the state. If you deduct your wages or something, you can go to the court for arbitration.

Of course it is, and it's not a state-owned enterprise.

It is important to do three things when resigning: the resignation certificate issued by the company, the insurance transfer form, and the copy of the handover form. There are also the following things to keep in mind:

1. Writing a resignation letter is not writing a resignation application, the application is only valid if the two parties reach an agreement, that is to say, the company approves your application, you can resign, and the right to resign is absolute, the resignation letter is actually a kind of notice, telling the company that you will terminate the labor contract after 30 days and leave the company, without the approval of the enterprise, of course, if the company agrees to you leave early, it is another matter.

2. Don't reveal your personal dissatisfaction in the resignation letter, if the resignation is very big, you must reflect it, you may as well use the face-to-face communication, Yuxiang is inappropriate to write his anger in black and white.

3. In the process of making a decision to resign or handling resignation, don't hype up the matter of personal resignation in the enterprise, don't spread some unfavorable remarks about the enterprise, and leave a good impression on the company, which is better than leaving a bad impression.

4. Stand on the last shift, in the last time after leaving the enterprise, you are still a member of the enterprise, do your best to do your job, and assist the company to do a good handover.

5. Past employment experience is a valuable asset in our lives, and we may need the original company to write a letter of recommendation or introduction for us, and the new company may call the past company to understand our work, so we must maintain a good relationship with the original company.