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1. If you want to resign, you only need to submit a notice of resignation to the employer in writing 30 days in advance (3 days in advance during the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Transfer (Documents and Materials) of the Employee", and the consent of the employer is not required. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle the formalities (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your salary in full in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law.
2. If you have fulfilled the resignation procedures in accordance with the law, and the employer has violated the law and not let you go through the relevant procedures for resignation, and you believe that the employer has infringed on your legitimate rights and interests in labor security, you have the right to make a written report or complaint to the local labor and social security inspection brigade (Article 9 of the "Labor and Social Security Supervision Regulations"), and request the labor and social security inspection brigade to handle it in accordance with the law, or apply to the local labor dispute arbitration commission for arbitration in accordance with the law (labor dispute arbitration is free of charge). If you are not satisfied with the arbitration, you can also file a lawsuit against the employer in court (Article 77 of the Employment Contract Law).
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You can go to the local labor department to apply for processing.
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Legal analysis: Employees who resign during the probationary period of working in the factory and do not approve it can leave their jobs on the third day after the resignation notice is delivered to the unit.
Legal basis: Labor Contract Law of the People's Republic of China
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; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. 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 Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
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The employer is not required to resign during the probationary period, and the labor contract may be terminated by notifying the employer three days in advance during the probationary period. In any of the following circumstances: the employer forces the worker to work by means of violence, threats or illegal restriction of personal freedom, or the employer violates the rules and regulations by directing or forcing the risky work to endanger the personal safety of the worker, and fails to pay social insurance premiums for the worker in accordance with the law; Failure to pay labor remuneration in full and in a timely manner; If the employee fails to provide labor protection or working conditions in accordance with the labor contract, the employee may terminate the labor contract immediately without prior notice to the employer.
Legal basis. Article 37 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Termination of Labor Contract by Advance Notice] 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.
Article 38 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Unilateral Termination of Labor Contract by Employee] If the employer has any of the following circumstances, the employee may terminate the labor contract: (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 directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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Summary. In addition, you can also ask the other party to pay the remaining salary and economic compensation for one year and one month, and also assist in the resignation procedures.
What should I do if I don't want to do it during the probation period and resign if I don't want to do it.
Is it possible that the work assigned to you has not been completed?
It's been almost a month since I've been talking to the leader about something at home, and he just won't let anyone go.
Every time I asked him, he said that he hadn't recruited anyone yet, so he couldn't let you go.
And it's still a trial period.
It seems that you must be a talent that the other party urgently needs, and the leader cherishes it too much and is reluctant to let you go.
If I leave, he won't have an introduction fee.
You can resign at any time during the probationary period.
But he didn't approve it.
You are also too kind, you take care of him, but he doesn't care about your feelings.
What to do in this situation.
You can leave your job directly.
The written proposal to terminate the labor contract relationship does not require the consent of the other party.
In addition, you can also ask the other party to pay the remaining salary and economic compensation for one year and one month, and also assist in the resignation procedures.
Counting the time, you have already made the trial period 3 days in advance, right? You don't need the approval of the other party, you submit a resignation report, and you also keep a copy as a proof, just leave the job.
If the salary is not paid, go to the labor bureau to apply for arbitration with the resignation report.
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Summary. You directly follow the company's process, if you do not have a probationary period, you can directly notify the personnel, inform you of the reason for your resignation, ask to settle the salary, and you can leave directly when the notice time comes, and then the other party will not pay the salary if you go to labor arbitration, and directly retain the evidence of going to work, **, paper documents.
What should I do if I don't leave my job in the factory during the probation period.
You directly follow the company's process, if you do not have a probationary period, you can directly notify the personnel, inform you of the reason for your resignation, ask to settle the salary, and you can leave directly when the notice time comes, and then the other party will not pay the salary if you go to labor arbitration, and directly retain the evidence of going to work, **, paper documents.
It is a notice of resignation, not a resignation application.
If they don't approve.
You don't need them to approve it, it's to inform them that you're leaving.
It was meant to be a probationary period.
Go directly to the HR department and tell them that they still notify me of the shift leader who goes to work.
Tell HR that you can be formal, give them a paper document, and tell them when you're leaving.
Where is your factory, and you can still not approve employees to leave.
How to write the content of a paper document.
The employee's resignation does not require the consent of the employer. During the probationary period, the employee submits his resignation 3 days in advance, and the employment relationship between the two parties is terminated on the 4th day. And if you don't have a resignation application form from the employer, you can write one yourself.
I probably wrote down that during my probationary period, I felt that all aspects of the factory did not meet my expectations, and I hereby inform the company that I will leave at xx time.
The factory is here in Guangdong Jiangmen Wei Aluminum Industry, and the reason for not approving it is because they said that the regular workers should be said a month in advance, but I am still in the probation period and have not yet become regular, I want to tell my squad leader, but he deleted me without saying a word.
You can write whatever you want, but you can't write a resignation application, you have to write a resignation notice.
This notice of resignation should be searched on the Internet.
You squad leader don't have to pay attention to it, you just tell HR, say you don't want to do it, settle your salary, and leave.
HR is generally in the personnel department, isn't it?
Yes, HR is the HR department.
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There are three types of circumstances in which an employee proposes to terminate a labor contract: First, if an employee proposes to terminate a labor contract (terminate the labor contract through negotiation for personal reasons) in accordance with Article 37 of the Labor Contract Law, he or she shall notify the employer 30 days in advance (or 3 days if it is within the probationary period) without the approval of the employer. However, the employer does not bear the economic compensation, and if you cannot find a new job for a while, you will not receive unemployment benefits.
Second, the employer proposes to terminate the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, that is, the employer is unlawful, such as failing to provide labor protection or working conditions in accordance with the labor contract; Failure to pay labor remuneration in full and in a timely manner; In the case of failure to pay social insurance premiums for the employee in accordance with the law, there is no need to leave 30 days in advance and no approval is required. In addition, the employer must also pay one month's severance for each year of service in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis (i.e., without saying goodbye), the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with Article 90 of the Labor Contract Law, and the employer may deduct wages as compensation. Legal basis.
Article 38 of the Labor Contract Law of the People's Republic of China provides that an employer 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;
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The solution is that you should stop working on the fourth day and ask the factory to resign.
If you want to resign during the probationary period, you only need to submit a notice of resignation during the probationary period in writing to the labor and personnel department of the factory 3 days in advance. If you continue to work for 3 days, you can stop working on the 4th day, and you have the right to request the factory to go through the formalities of resignation, which the factory should handle (Article 37 of the Labor Contract Law), pay your wages in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of termination of the labor contract (Article 50 of the Labor Contract Law), otherwise the factory will be in violation of the law.
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Article 37 of the Labor Contract Law 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 3 days in advance during the probationary period.
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According to the provisions of the Labor Contract Law, resignation during the probationary period only needs to be notified to the company 3 days in advance, and approval is not required, and the resignation procedures can be completed after 3 days. The company shall go through the resignation procedures for you after 3 days and pay your salary (the normal one-month probationary salary will be paid for those who are fully attended, and the salary will be calculated according to the actual number of days of attendance for those who are not attendant). A certificate of termination of the labor contract shall be issued, and the file and social security transfer shall be handled within 15 days.
If you don't give money, you say to sue it.
Is that okay?
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The probationary period is a period for which we establish whether or not to become a permanent employee in the new workplace when we are taking on a new job. So what if we want to leave within the probationary period, but the company doesn't agree with us?
The probationary period is submitted in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation formalities, and 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.
Since you decided to terminate your employment relationship with the employer during the probationary period because you were admitted to the civil service examination, the employer has no reason to stop you from terminating the labor contract in accordance with the first paragraph of Article 32 of the Labor Law, which stipulates that "the employee may notify the employer to terminate the labor contract at any time during the probationary period". >>>More
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There is also a salary during the probationary period, and the arrears of wages can of course be recovered. >>>More