I would like to ask some questions about the resignation of personnel of public institutions

Updated on society 2024-03-24
8 answers
  1. Anonymous users2024-02-07

    Termination of the labor contract (no labor contract is an employment relationship, the same below) is the right granted to the employee by Article 37 of the Labor Contract Law, and you do not need to apply to the employer for approval if you want to terminate the labor contract. The termination of the employment contract is your decision, and you only need to notify the employer in accordance with the law and prove that you have notified it in writing, then the procedure for terminating the employment contract is in accordance with the provisions of the Labor Contract Law, and you will not be liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer falls under any of the circumstances described in Article 38 of the Employment Contract Law, you may also claim economic compensation in accordance with Article 46 of the Employment Contract Law.

    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 in accordance with the law, otherwise the bad unit will say that you have left the job voluntarily and have not submitted the resignation report, putting all the responsibility on you, and also finding an excuse for not paying your recent salary. If the employer does not pay your wages on the last day of work, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of wages and related economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.

    1. I am .........If the employer infringes upon your legitimate rights and interests, it is better to state the reason so that it is convenient to present evidence later), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;

    2. Please notify the company in writing (the notice must have a company seal, otherwise it is invalid) I hand over the work with someone on a certain day, if I do not receive a valid 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. On the date of handover of work, please settle the salary and other related expenses stipulated in the Labor Contract Law in accordance with the provisions of Article 9 of the Interim Provisions on the Payment of Wages, and provide me with the 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. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).

    After the termination of the labor contract, the social security can be renewed by the new employer or paid by the individual himself. The provident fund cannot be refunded according to the regulations, and can only be used for house purchase or decoration. It can also be transferred according to the Regulations on the Administration of Housing Provident Fund.

  2. Anonymous users2024-02-06

    Problems that need to be paid attention to when resigning from a public institution:

    The staff of the public institution do not need to sign a labor contract with the unit, because the employees of the public institution and the unit are not in a labor relationship, but an employment relationship, because in the staff, when they resign, they must submit a resignation application to the unit 30 days in advance, and they can only handle the resignation after approval (through the human resources management department of the unit) and cannot leave directly.

  3. Anonymous users2024-02-05

    Legal analysis: Employees of public institutions can also leave their posts in accordance with the procedures prescribed by law, and each province has corresponding employment contract measures for public institutions, and resign in accordance with the relevant provisions of each province.

    Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls 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.

  4. Anonymous users2024-02-04

    Legal analysis: If the employee resigns voluntarily, the employer does not need to pay any economic compensation or compensation if the employee resigns voluntarily. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the employment relationship in writing without the approval of the employer, and may request the payment of the remaining wages and severance (one month's salary for every one year of service) and go through the resignation procedures.

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

    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 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 the employer forces the worker to work by means of violence, threats or illegal restriction of personal freedom, or 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.

    Article 90 Where a worker 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.

  5. Anonymous users2024-02-03

    1. What are the latest regulations on resignation of public institutions?

    The resignation of a staff member of a public institution who has signed an employment contract with the unit to which he belongs shall be handled in accordance with the relevant provisions of the employment contract. After the resignation is approved and approved, the resignation shall assist the employer in handling the corresponding personnel procedures such as file custody and social security. Regardless of whether there is a probationary period or not, the resignation procedures will be handled in accordance with the guidance of the Personnel Bureau, so as to avoid disputes and mislead the future.

    Sample resignation application for public institutions.

    Resignation letter.

    Dear Leader:

    I write this resignation letter with mixed feelings. Because of everyone's trust in my ability, I was able to join the work of Chang'an Town Family Planning Station, and gained many opportunities and challenges during this period. After this period of family planning work in the unit, I have learned a lot of valuable work experience and practical skills, and have a preliminary understanding of family planning work.

    In life, we get everyone's meticulous care; Ideologically, with the guidance and help of leaders and colleagues, I have a more mature and profound outlook on life. The more than three months of work experience will be a valuable asset for my future work and life.

    Due to personal career development reasons, after careful consideration, I had to submit my resignation to the unit, and I hope to officially leave the company on October 16 this year. Here, I would like to thank the leaders and colleagues of the department for their strong support and help in the past work and life. I apologize for any inconvenience this may cause to my unit and department.

    But at the same time, I hope that the unit can be considerate of my personal reality, and hope that my application will be considered and approved. I will conscientiously continue to do every job I am doing at present before I officially leave.

    Best regards! Resigned: xx

    XX/XX/20XX.

    To sum up, if you work in a public institution, then you are all personnel who have passed the examination for the establishment of a public institution, and it is a relatively good job, mainly to provide various services for the society, and the salary is also very good, so it is different from the general work situation, and the resignation of a public institution also has its corresponding regulations.

    Extended reading: Can I resign after signing an employment contract? Whether it is necessary to compensate the company for losses.

    What does a resignation application template look like? What is the difference between resignation and resignation?

    What are the issues that workers need to pay attention to when resigning?

  6. Anonymous users2024-02-02

    What is the standard of resignation compensation?

  7. Anonymous users2024-02-01

    There are also resignations in public institutions.

    Personnel within the establishment of public institutions may not be transferred during the period of service, but they may resign. In the process of recruitment, many public institutions will agree with candidates for a service period, which is generally 5 years. During these 5 years of service, it is generally not possible to transfer or resign.

    However, if you insist on resigning, you must pay liquidated damages or other matters stipulated in the contract in accordance with the contract.

    Legal basis: "Regulations on the Personnel Management of Public Institutions" Article 17 The staff of public institutions may contact the employment contract if they notify the public institution in writing 30 days in advance; Unless otherwise agreed upon by both parties on the termination of the employment contract.

  8. Anonymous users2024-01-31

    [Legal Analysis].: You can resign, but you can't quit casually. Contract workers are short-term workers recruited by enterprises and institutions through the signing of contracts, and the contract is generally in written form, and the content of the contract stipulates the time limit, tasks and various obligations to be complied with.

    Therefore, you can't resign casually, you can only resign when it expires. As one of the measures to guarantee the contract, liquidated damages are the way to bear the liability for breach of the contract, and if one party terminates the contract for personal reasons, it is necessary to pay liquidated damages.

    However, resignation can be negotiated with the public institution, and if both parties reach an agreement, the contract can be terminated. Contractors of public institutions may resign from the employer in accordance with the provisions of the Labor Contract Law. That is, the employer can be legally terminated by notifying the employer three days in advance during the probationary period and 30 days in advance after the probationary period.

    [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 employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

    The above is only the current information combined with my understanding of the law, please refer to it carefully!

    If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

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