Is there a guarantee of labor law for verbal resignation?

It is possible to apply for resignation verbally. The application for resignation to the employer is based on the termination of the contract through consultation with the employer in accordance with Article 36 of the Labor Contract Law, and the law does not stipulate whether the contract shall be in oral or written form. The application is only an offer and requires the consent of the employer.

If the employer agrees, it shall go through the formalities for terminating the contract according to the negotiation situation, and the contract shall be terminated. If the employer does not agree, it shall continue to perform the contract. In the event that the employer is not legally at fault, the employee may terminate the contract by notifying the employer in writing in accordance with Article 37 of the Labor Contract Law.

Notify the employer in writing 30 days in advance, without the consent of the employer, and the employer shall settle the salary and go through the procedures for terminating the contract at the end of the 30-day period. 30 days' written notice to the employer to terminate the contract is the right granted by law to the employee to unilaterally terminate the contract if the employer has no statutory facts, but the employee must pay attention to this right in criminal cases: written notice (not resignation application or resignation report); 30 days in advance, before the expiration of 30 days, the employee shall not leave the job without authorization, but the employer may terminate the contract in advance and let the employee leave the job; For effective service, the written notice must be sent to the human resources department, and the evidence of service must be kept.

Article 36 The employer and the employee may terminate the labor contract if they reach a consensus through consultation. 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.

If not, you need to submit a written one.

1. Verbal resignation is valid, but the employer needs to prove that the employee has resigned verbally. At the same time, resignation must be notified 30 days in advance. The Labor Contract Law and related laws and regulations have greatly strengthened the employer's active management responsibility, and from the perspective of the form of termination of the employment relationship, it is either negotiated or unilateral, and the labor law does not set up a form of termination such as automatic resignation.

Therefore, it is very important for employers to standardize the form of termination of labor contracts. During the performance of the labor contract, if the employee does not come to work without going through any resignation procedures for any reason, the employer should take the initiative to improve the relevant procedures: first, the employee should be notified to go through the relevant leave procedures, if the employee proposes to resign, he must be required to provide a written resignation report, if the employee is absent from work without reason, it shall be dealt with in accordance with the company's rules and regulations, and if the number of days of absenteeism reaches the conditions for contract termination, it shall be terminated in accordance with the law, and a notice of quiet termination of the labor contract shall be issued.

II[Legal basis].Article 50 of the Labor Contract Law stipulates that "the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract." ”

Legal Analysis: In general, resignation cannot be made verbally. When a worker terminates a labor contract, he or she shall notify the employer in writing 30 days in advance.

However, if the employer violates the law, such as failing to sign a contract for arrears of labor remuneration, failing to pay social insurance, or failing to provide necessary working conditions, you can terminate the labor contract at any time, not limited to written form, and not required to be 1 month in advance.

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

1) Failure to provide labor protection or labor 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, threat or illegal restriction of personal freedom, or if the employer violates the rules of the world 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: The employee can verbally resign to the employer, and it is sufficient to reach an agreement with the employer. However, in order to better protect the rights and interests of employees, employees should also adopt the method of resigning by notifying the employer in writing 30 days in advance, and the starting time of the notice period for termination has been determined.

Legal basis: Labor Law of the People's Republic of China

Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations.

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The labor contract is legally binding when it is concluded in accordance with the law, and the parties must fulfill the obligations stipulated in the labor contract.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities to call for the elderly in accordance with law.

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.