What the labor law says about resignation

1. If the employee proposes to terminate the labor contract (resignation), the first is to terminate the labor contract in accordance with the provisions of Article 37, that is, to notify the employer 30 days in advance, and the employer shall not be liable for economic compensation; Second, if the employer proposes to terminate the labor contract in accordance with the provisions of Article 38, it is not necessary to give 30 days in advance and does not need to approve it, and the employer shall pay the severance of one month's salary for each year of service in accordance with the provisions of Article 16 and Article 47; Third, if the employee terminates the labor contract illegally without any basis, 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 the provisions of Article 90. 2. Therefore, it is recommended that you write a "Notice of Termination of Labor Relationship", the main contents of which are: first, because the employer does not sign a written labor contract; the second is not to apply for the social insurance prescribed by the state for the workers; Failure to pay labor remuneration on time and in full will result in the protection of the rights and interests of workers; In accordance with the relevant provisions of Article 38 of the Labor Contract Law, the employer shall be requested to pay three months' wages in accordance with Article 82 of the Labor Contract Law, and pay half a month's salary in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law; The deposit will be refunded in full.

In accordance with the provisions of Article 50 of the Labor Contract Law, the resignation procedures shall be handled in a timely manner. The "notice" must be signed by the boss, and he will be delivered by ** letter or courier without signing, so as to ensure that evidence of the delivery of the notice is left. 3. The above notice complies with the provisions of Article 38 of the Labor Contract Law, does not require the approval of the boss, and is not subject to the restriction of 30 days in advance, and you can leave immediately.

If the boss does not pay the relevant fees and go through the resignation procedures as required by the notice, then you will apply for labor arbitration, which is an absolute chance of winning. 4. In accordance with Article 85 of the Labor Contract Law, the employer may also be required to pay additional compensation to the employee according to the standard of between 50% and 100% of the amount payable.

The specific provisions of the resignation notice in Article 31 of the Labor Law and Article 37 of the Labor Contract Law are as follows.

Article 31 An employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.

Article 37 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 3 days in advance during the probationary period.

Irrationality. It is sufficient to submit a written resignation letter to the employer 30 days in advance.

Labor law about:Resign.

What is the law.

1. Article 36 of the Labor Contract Law of the People's Republic of China (LL) for employers and employeesConsensus,The employment contract can be terminated. There is financial compensation.

2. Article 37 of the Labor Contract LawThirty days in advance.

The employer may terminate the labor contract by notifying the employer in writing. The worker is in the probationary periodThree days in advance.

Notify the employer that the labor contract may be terminated. There is no financial compensation.

3. Article 38 of the Labor Contract LawThe employer has any of the following circumstances.

, the employee can terminate the labor contract:

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.

There is financial compensation.

The above is the legal provisions of the law on the right of resignation of the employee, and does not include the circumstances under which the employer terminates the contract or terminates the labor contract upon expiration.

Labor Contract Law, Article 37

DAO Strip!

1. There are three situations in which an individual proposes to return and leave the job

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of service. The salary standard is calculated based on the average salary of the 12 months prior to your departure, which is the average of all salaries.

If the company has illegal reasons such as arrears of wages or deduction of wages, or unilateral transfer of your position or reduction of your salary, you can be forced to resign or indeed have difficulties in production and operation to terminate the company, and there is compensation, and one month's salary will be compensated for each year of work.

If the company has less or no overtime wages, you can be forced to resign or indeed have difficulties in production and operation, etc., and you will be compensated, and you will be compensated for one month's salary for each year of work.

If the company does not provide working conditions and transfers in disguise, you can also be forced to resign and ask the company to pay you one month's salary for every year you work.

At the same time, you can ask the company to settle the full salary.

If the company negotiates with you to terminate the employment contract, you shall pay one month's salary for each year of service as compensation.

If an employee voluntarily resigns, there is no severance payment, regardless of how many years of service or employment contract they have signed.

In the following circumstances, the company's termination is legal and no compensation is required.

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The labor contract is invalid;

6. Being pursued for criminal responsibility in accordance with law.

The company's practices are all illegal, you can apply for labor arbitration to demand payment of your due wages, and you can demand 20% to 50% compensation for you, as well as overtime pay, but you need to have evidence of overtime. If you resign, you should resign in the name of the company's arrears of labor remuneration, so that the company should pay you economic compensation for the termination of the labor contract in accordance with the law. If you fail to pay social insurance premiums, you should file a complaint with the local labor administrative department, because labor arbitration is generally not accepted.

Your request for arbitration should also include a request for the employer to handle the resignation procedures for you.

China Labor Network - Top Experts, Rights Protection at Home!

Yes, you must fight for your rights. Don't just leave it at that.

The employer's actions are clearly illegal, so you can file for labor arbitration.

It is possible to apply for labor arbitration, which is fast and cheap.

First of all, it is not in favor of just copying upstairs from somewhere else, which does not solve anything.

Question 1: Is there a year-end bonus for resigning now?

In this case, if your year-end bonus is not written into the labor contract, or if it is written into the labor contract but there is a restriction clause that you must work for the current year before the year-end bonus is paid, you will not get the year-end bonus. Because the year-end bonus is an irregular bonus, that is to say, it can be paid or not. In this case, the decision is up to the company.

Question 2: Is there any severance payment?

The subsidy you are talking about is legally called severance payment, and the compensation standard is the average salary of the employee for the first 12 months for each full year of service in the company. However, you will not be able to get severance in this case, because the Labor Contract Law stipulates that employees who voluntarily resign will not receive severance compensation.

Hope it helps.

1. The year-end bonus is generally not written in the contract and is paid by the company. If the company says that they can't or don't have the right to get the bonus, the employee can't do anything, and you need to communicate this with the company.

2. Compensation depends on who took the initiative to resign, if the company dismisses you, you can ask for no problem, but if the employee resigns voluntarily, the labor law will not give any compensation!

It is recommended that you wait until you receive the bonus before resigning.

Labor Contract Law.

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.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 37 stipulates that the employee voluntarily terminates the contract, and Article 46 stipulates the economic compensation for the termination of the contract, but Article 46 does not stipulate that the employee shall be compensated in the case of Article 37, so it can be seen that there is no economic compensation for voluntary resignation.