Does the new labor law provide for emergency resignation?

1. What are the provisions of the Labor Law for Urgent Resignation?

1. The provisions of the Labor Law on Urgent Resignation are as follows:

1) If the employer agrees, you can leave the job immediately, and if you do not agree, you can only wait for one month;

2) If the law stipulates that if the employee formally resigns, the employer shall be notified in writing 30 days in advance, and the labor contract may be terminated;

3) If the employment contract is terminated within the probationary period, only three days' notice to the employer is required.

2. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China.

Unilateral termination of labor contract by the employee] The employee may terminate the 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 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.

2. What matters should be paid attention to when resigning.

1. Select the timing of resignation, under normal circumstances, it is necessary to submit a resignation application half a month to a month in advance, so as to leave enough time for the company to arrange the scheduling of the overall personnel;

2. Choose a way to resign. Resignation can be divided into oral resignation and written resignation. Generally speaking, if an employee has signed an agreement with a certain company before joining the company, he or she must choose to leave in writing, subject to obtaining a resignation certificate;

3. Keep the resignation information. This retention of resignation information is not only a matter of keeping the resignation certificate, but also the resignation information should be kept confidential as much as possible before the supervisor approves it. If the resignation information is leaked in advance, it is not conducive to the harmony of interpersonal relationships and the smooth progress of daily work;

4. Do a good job of resignation and handover. When doing the handover of resignation, we should try to teach the work situation and work experience of the position to the handover personnel without reservation, so that they can adapt to the work faster and do not affect the normal operation of the company.

The Labor Law has the following provisions on emergency resignation: the employer and the employee may terminate the labor contract by mutual agreement; Generally, the employee shall notify the employer in writing 30 days in advance of the resignation of the employee, and 3 days in advance during the probationary period; If the employer falls under any of the circumstances provided for in Article 38 of the Labor Contract Law, the employee may unilaterally terminate the labor contract; Other.

Labor Contract Law of the People's Republic of China

Article 37.

The 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.

Labor Contract Law of the People's Republic of China

Article 90. If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

The provisions of the Labor Law on emergency resignation are as follows: The labor contract may be terminated upon the agreement of the parties to the labor contract. If the employer compels labor by means of violence, threat or illegal restriction of personal freedom, the employee may terminate the labor contract at any time by notifying the employer.

[Legal basis].

Article 24 of the Labor Law stipulates that a labor contract may be terminated upon the agreement of the parties to the labor contract. Article 31 A worker who terminates a labor contract shall notify the employer in writing 30 days in advance. Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:

1) During the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

Legal analysis3. If you negotiate with the unit, you can resign within the agreed time. The Labor Law stipulates that the employee and the employer shall terminate the labor contract through mutual agreement.

After the employee voluntarily proposes to terminate the labor contract with the enterprise, some employees voluntarily leave the company 30 days after giving written notice to the employer, ignoring the employer's claim for compensation and compensation, and the employer will not handle the procedures for the transfer of personnel relations and files for the employee, and the personnel relationship and files will be retained in the original employer for a long time after the employee leaves the company; As a result, employees are unable to apply for labor insurance in their new work units, cannot go through the procedures for political examination abroad, affect the evaluation of technical titles, cannot further their studies and lose the opportunity to apply for the national civil service examination. Therefore, if an employee has a dispute with the employer regarding compensation for losses due to the termination of the labor contract, he or she shall promptly submit the dispute to the labor dispute arbitration commission of the region or county where the employer is located within 60 days.

[Legal basis].Labor Law of the People's Republic of China Article 24 A labor contract may be terminated upon the agreement of the parties to the labor contract.