How to write a letter of resignation is beneficial to yourself when arbitrating

If the employer infringes on your legitimate rights and interests, you can write it on the application for termination of the employment contract. This is the reason for terminating the employment contract. If you meet the relevant provisions of the Labor Contract Law, you will also have economic compensation for applying for termination of the employment contract.

After submitting the application for termination of the labor contract, it does not matter whether it is approved or not, the key is that someone must sign for it as proof of the termination of the labor contract, otherwise the bad employer will say that you left the job voluntarily and did not submit the resignation report, put all the responsibility on you, and also find an excuse for not paying your recent salary. If no one signs for it, you will send an express mail to the post office, and fill in the "Application for Termination of Labor Contract" in the "Name of Contents" column, keep the base sheet as evidence, plus the labor contract is enough, if the employer does not pay your wages within 30 days, you can apply to the local labor dispute arbitration commission for arbitration, and in accordance with the provisions of Article 85 of the Labor Contract Law, you can request the payment of economic compensation.

It is recommended that you take an hour to read the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has violated your rights and interests, and only then can you more comprehensively protect your legitimate rights and interests, which will benefit you for a lifetime.

Submit a written resignation 30 days in advance.

Legal analysis: 1. With better development, Weila needs to go to other places for development 2. Objective reasons: such as the work unit is too far away from home, physical reasons can not work overtime, incompetent work, etc. 3, the current job is inconsistent with their future development plan, etc.

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

Article 36 The employer and the worker 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 labor contract may be terminated if the employee notifies the employer three days in advance during the probationary period.

Legal analysis: Generally, if the company leaves the company by itself, and the company does not violate the labor law and Hu Xihao's labor contract law, Lu Zhong has no economic compensation. If the employee feels that the enterprise has violated the Labor Contract Law or has problems with wages and social security, he or she can still apply to the Labor Arbitration Department of the Social Security Bureau for labor arbitration.

The limitation period for applying for arbitration of labor disputes is one year.

Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 of the parties claims rights against the other party, or requests rights and 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 the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to 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; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

The resignation report will not have an impact on labor arbitration if it is operated in the following way:

1. The resignation report is only a legal procedure and does not need to be too complicated;

2. There is no need for a reason, and there is no need for literary style, so as to prevent excessive language from being unfavorable to oneself, such as "sorry", "apologetic", "thanks", etc.;

3. For example, if you decide to resign due to your own reasons, and you are now formally submitting your resignation one month in advance in accordance with the law, that is, formally leaving your post at the latest in a few months and days, and you sincerely ask the leaders to arrange personnel for work handover in a timely manner, and so on.

Fourth, the resignation report should be submitted, otherwise the company will be regarded as absenteeism and resignation, one is that the salary will be deducted, and the other is that the certificate of termination of the labor contract may not be obtained, which may affect the future job search.

The labor contract law states that resignation does not require a reason so you can write whatever you want.

Impact on Arbitration There is no compensation for voluntary resignation by an individual.

The reasons for resignation in the resignation report will definitely have an impact on labor arbitration.

If the resignation is made on the grounds that the company has not paid wages in full or has not applied for social insurance, then the company should pay severance payments.

Otherwise, it will be difficult for the arbitration committee to support the arbitration commission if you resign and claim severance payment.

Lawyer Wei Feng.

1. The reason for resignation is in accordance with the provisions of Article 38 of the Labor Contract Law, and only then can you enjoy economic compensation;

2. Pay attention to retain the evidence of resignation to prevent the employer from saying that you are absenteeism, such as mailing it by EMS and other couriers.

If you resign for any reason, if you apply for resignation on your own, you cannot apply for severance at the time of labor arbitration.

If the employer has not signed a labor contract, or has not paid social security or other reasons that violate the mandatory provisions of the Labor Contract Law, a notice of termination of labor relations should be written and mailed by courier.

According to Article 37 of the Labor Contract Law of the People's Republic of China, 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. Therefore, if you want to resign, you must submit a written resignation report to the employer one month before the resignation, and then the employer will process your resignation report and go through the work handover procedures with you.

Letterhead: The human resources department or personnel department of a certain company, and then write when you came to the company, the signing of the labor contract, the reason for your resignation, and finally ask the company to agree to the end, sign your name and time, and keep a copy for your own investigation.

Lawyer Li Chenglong.