Regarding the resignation report and labor arbitration, can you still labor arbitration if you write

1.Resignation does require a 30-day written resignation report.

2.Suggestion: Don't submit a resignation report when you go back, you go back and submit it in writing, because the company has not paid social security for you, so you propose a solution.

In addition to the labor relationship, and ask the company to compensate you. If the company does not agree, you will file for labor arbitration.

Reference: Labor Contract Law.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

3) Failure to pay social insurance premiums for workers in accordance with the law;

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;

3.Calculation of compensation: 6 months in total, you can claim one month's salary as compensation.

4.For the unpaid wages payable, the company can be required to make up the compensation and compensate in accordance with the Labor Contract Law.

Reference: Labor Contract Law.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

5.Require the company to make up social security payments.

6.You can file a complaint with the Social Security Administration, and the company may face a fine.

You quit the wrong way. It should be done in the following way, and the employer will have nothing to say.

After submitting the notice of termination of the labor contract, it does not matter whether it is approved or not, the key is to have someone 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 the employer does not pay your wages within 30 days, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.

2. Please notify the company in writing (need to have a company seal) that I will hand over the work to someone on a certain day, if I do not receive a written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;

3. Please settle the salary and other related expenses with me before a certain date and time in a certain year, month, and day, and provide me with a certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation.

Wages and social insurance can be recovered through labour arbitration and the inspection department. Don't worry.

According to the relevant laws and regulations, the employer shall pay all social insurance for you from October to December 2010. and payment of wages for the period from 1 to 16 January 2011.

After writing a resignation report, labor arbitration can still be conducted.

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

1. The resignation report is just 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 the individual, such as "sorry", "apologetic", "thanks", etc.

Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, who mediates and adjudicates the dispute between the parties. According to the different applicable objects, arbitration can be divided into civil and commercial arbitration, maritime arbitration, international dispute arbitration, etc. Labor dispute arbitration is a type of arbitration system that aims to resolve labor disputes.

Labor dispute arbitration not only has some common characteristics of arbitration systems, but also has its particularities.

Labor Contract Law of the People's Republic of China

Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance to the elimination of the drought in accordance with the law. Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination of the labor contract or the termination of the trip.

Legal analysis: The resignation report will not have an impact on the labor arbitration if it is operated in accordance with the following methods: 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 Yingchong to write in a way that prevents excessive language from being unfavorable to oneself, such as "sorry", "apologetic", "thanks", etc.; Three, such as:

I decided to resign due to my own reasons, and I now formally submit my resignation one month in advance in accordance with the law, that is, I will officially leave my post no later than a few months and days, and I sincerely ask the leaders to arrange personnel for work handover in a timely manner, etc. 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.

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

Article 1 This Law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.

Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to workers who have formed labor relations with them.

State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Of course, you can apply for labor arbitration after leaving your job. The limitation period for applying for arbitration of labor disputes is one year. The limitation period for adjudication is calculated from the date on which the parties know or should know that their rights have been infringed.

Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 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, fails the negotiation or requests 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. However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

No, you don't. The parties may apply for labor arbitration before or after resignation. As long as the employee applies for labor arbitration to the labor arbitration commission of the local human resources and social security bureau within one year from the date of resignation, he or she should bring the arbitration application, ID card and photocopy, copy of relevant evidence, list of evidence and business registration information of the employer.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the establishment, performance, modification, rescission and termination of labor; (3) Disputes arising from removal from the list, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

Labor arbitration requires the following conditions: (1) The claimant must be a worker who has a direct interest in the labor dispute applying for arbitration. (2) The dispute to be arbitrated must be a labor dispute.

If it is not a labor dispute, but a civil or economic dispute, or an administrative dispute over labor security, the arbitration commission will not accept it. (3) The labor dispute applied for arbitration must fall within the scope of the arbitration commission. (4) An application for arbitration must be made to the arbitration commission with the right to arbitrate.

5) There is a clear respondent and a specific arbitration claim and factual basis. (6) Unless there is force majeure or other justifiable reasons, the application for arbitration must be within the prescribed time limit. (7) The application form and related materials are complete and meet the requirements.

Article 2 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, Article 21 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, Article 27 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, and Article 28 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration.

Article 39 of the Labor Dispute Mediation and Arbitration Law provides that if the evidence provided by the parties is verified to be true, the arbitral tribunal shall use it as the basis for determining the facts. If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit. If the employer fails to provide such information within the specified time limit, it shall bear the adverse consequences.

The employee can mail a letter of resignation to the employer by courier, keep the express details and make a copy of the letter of resignation, and after the resignation expires, the employer is required to pay his salary and go through the resignation procedures for him.

1. Is writing a letter of resignation equivalent to terminating the labor contract?

Writing a letter of resignation does not mean that the employment contract has been terminated, and the termination of the employment contract requires the employer and the employee to reach an agreement through negotiation, or the employee to notify the employer 30 days in advance to terminate the employment contract. According to the laws of the People's Republic of China, the employer and the employee may terminate the labor contract if they reach a consensus through consultation. 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.

2. Is it useful to complain to the Labor Bureau if you do not approve your resignation?

It is useful to complain to the Labor Bureau if you do not approve your resignation. If the employer does not approve the resignation of the suspect who has been sold for employment, the employee may mail a letter of resignation to the employer by courier, keep the express delivery details and make a copy of the letter of resignation, and after the resignation expires, the employer shall request the employer to pay the employee's salary and go through the resignation procedures for him/her. If you resign during the probationary period, you can get the salary you deserve if you submit your resignation application 3 days in advance, and if you are a regular employee, you can get your due salary if you submit your resignation application 30 days in advance.

According to the relevant regulations, the employee may terminate the employment contract by notifying the employer three days in advance during the probationary period. In the case of a regular employee, the employee may terminate the labor contract by notifying the employer in writing 30 days in advance.

3. Is it useful to resign without approval to find the Labor Bureau?

If the resignation of the worker is not approved, the worker should go to the labor bureau to sue them, and the worker should mail a letter of resignation to the employer by courier, keep the express details and make a copy of the letter of resignation, and after the resignation expires, ask the employer to pay his salary and go through the resignation procedures for him.

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 employer may terminate a labor contract under any of the following circumstances: (1) it fails 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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 violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.