I don t accept that after I leave my job, can I apply for arbitration?

Applicants for labor arbitration may not be resigned.

1. During the application for labor arbitration, the employee can resign, and the labor arbitration has nothing to do with whether the employee is on the job, as long as the labor arbitration is submitted within the effective time limit of the arbitration.

2. Article 27 of the Labor Arbitration Law stipulates that the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one party asserts its rights against the other party, or requests remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where a party cannot apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to failure to delay the force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article, but if the labor relationship is terminated, the application shall be filed within one year from the date of termination of the labor relationship.

According to the provisions of the Labor Contract Law, only if the employee breaches the contract and terminates the labor contract in advance, the training fee needs to be paid, and the dismissal by the company belongs to the company's breach of contract and early termination of the labor contract. You may apply to the labor arbitration department for arbitration in advance after completing or closing the resignation formalities.

According to Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, this Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes over working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

If you resign yourself, you can apply for arbitration, but if there is no fact that arbitration can exist, then even if it can be arbitrated, it is useless, so you need to find out whether there are circumstances that can be arbitrated, such as whether the company is in arrears of wages or has other tortious acts.

[Legal basis].

Article 2 of the Law on Mediation and Arbitration of Labor Disputes: This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; 2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; 3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, Peisen return training, and labor protection; 5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; 6) Other labor disputes as stipulated by laws and regulations.

Yes, if the employee terminates the labor contract in violation of the provisions of this Law and causes losses to the employer, he shall be liable for compensation. If the employee leaves on his own initiative and the employee does not have a certificate of termination of the labor contract, he or she may not be able to handle matters such as the transfer of social security, and the employee needs to go back to the original employer to go through the resignation procedures.

Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the 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 specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated 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.