Who writes the resignation statement to be valid, and the difference between the resignation stateme

Whoever writes it is the same, as long as it is stamped with the official seal, it is valid.

Legal Analysis: Similarly, the resignation statement is usually legally valid and often required by both employers and employees.

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

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 38 An employee may terminate a labor contract 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 law or 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.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

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

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, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

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

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 for the labor contract to be performed, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Legal analysis: the resignation certificate cannot be written by yourself; Because there is no labor contract, the employer can not issue a certificate, and if there is a dispute over the labor relationship, it can apply for labor arbitration; It's not okay to write a testimonial yourself.

Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

1. Whether the resignation certificate is written by yourself or the company.

1. The matters to be paid attention to when leaving the company are as follows:

1) Pay attention to whether there are provisions on the advance notice and declassification period agreed by both parties in the contract;

2) The written notice should be preferably in duplicate;

3) Should go to work normally during the notice period;

4) Actively go through the handover procedures and pay attention to retaining evidence;

5) Ask the unit for a certificate of resignation, and if it is not given, the unit shall bear the corresponding liability for compensation.

2. Legal basis: Article 98 of the Labor Law of the People's Republic of China.

If an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation.

Article 99.

If an employer recruits a worker whose labor contract has not been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with the law.

2. What are the functions of the resignation certificate?

1. Proof that the employer and the employee have terminated the labor relationship;

2. Prove that you should resign in accordance with the normal procedures;

3. Proof that he is a free person and can apply for unemployment benefits or apply for a new position;

4. You can rely on your own personnel relations, social security, provident fund, etc.;

5. Workers who create socks and open their minds to Zen and provide a resignation certificate and unemployment certificate will enjoy preferential policies.

A severance agreement shall be valid if it meets the following conditions at the time of writing:

1. The content of the severance agreement is the true expression of the intention of both the employee and the employer, and there is no fraud, coercion, etc.;

2. The content of the resignation agreement does not violate the mandatory provisions of the law; Tease and destroy.

3. The content of the resignation agreement does not infringe on the legitimate rights and interests of the state or others;

4. Both parties to the severance agreement have full capacity for civil conduct.

When signing the separation agreement, please pay attention to:

1. The reason for resignation, from the perspective of the unit's risk management, should state the reasons that are beneficial to the unit;

2. Whoever moves first, if it is inconvenient to clearly state it, can be more obscure or implicitly indicate who moves first;

3. The time of resignation should be specific and clear, and a time limit may be attached;

4. If economic compensation is paid, the amount and method of payment need to be clarified, and conditions can be attached;

5. The terms of work handover and the corresponding legal consequences should be clear;

6. Wages including overtime wages and bonuses have been settled, annual leave and other holidays have been taken, and the transfer of social security should be clarified;

7. If there is an agreement on confidentiality and non-competition, the corresponding processing clause is required;

8. Commitment and declaration of provisions, that is, the two parties promise that there are no other disputes.

Legal basisArticle 469 of the Civil Code of the People's Republic of China.

The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

As shown in the figure below, on the basis of the resignation of the current individual, it is modified to the actual resignation situation, such as: because the original company has been dissolved, this resignation statement is submitted.