Who knows if an employee can regret getting it back after submitting their resignation?

Question Reflection: Some time ago, I submitted my resignation to the company due to a conflict with a colleague at work. Before I officially went through the resignation procedures, I calmed down and felt that it was too reckless to resign like this, and I wanted to withdraw my resignation letter.

Can I still regret my resignation after I submit my resignation? The answer to the question is as follows:

The right to resign refers to the right of the employee to terminate the labor legal relationship with the employer as stipulated by law, which is a right of formation and will take legal effect once exercised. Articles 37 and 38 of the Labor Contract Law of the People's Republic of China stipulate the right of resignation enjoyed by employees. Article 37 of the Labor Contract Law stipulates that:

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. "The law does not attach any other substantive meaning to the employee's resignation in such circumstances, and the employee may exercise the right to resign after working for an employer as long as he is unwilling to continue working for the employer due to subjective and objective reasons. However, in this case, the employee is not entitled to demand the employer to pay severance payments.

Article 38 of the Labor Contract Law enumerates the circumstances under which an employee may immediately terminate a labor contract if the employer harms the legitimate rights and interests of the employee. In this case, due to the fault of the employer, the employee may resign at any time and may request the employer to pay severance payments. In an employment relationship, regardless of whether the employee resigns or the employer proposes to terminate the labor contract, the notice of termination of the labor contract shall be served on the other party, and the date on which the notice of termination is served shall be the effective date of the termination.

If the other party agrees after receiving it, the termination of the labor relationship between the two parties shall take effect immediately in accordance with the expression of intent to terminate the labor contract; Before the consent of the other party, one party may change or withdraw, and if the other party does not agree, it shall also be deemed to take effect if the legal conditions are met. For example, if an employee submits a resignation, if the employer does not agree, it will be deemed to take effect after 30 days. At the same time, once the resignation is made, the employee can change or withdraw it before the employer agrees, but if the employer has already made the decision to agree, the employee can no longer regret it.

According to the situation you described, unless there is conclusive evidence that you have been fraudulent, coerced, etc., once your resignation application is delivered to the company, it will have legal effect, and if the company has made a decision to agree to your resignation, you can no longer regret it, and the resignation application cannot be withdrawn. Of course, if you renegotiate with the company and the company agrees to retain you, it will be a different matter. It can be seen that employees should accurately understand the legal consequences of resignation and exercise their right to resignation cautiously to avoid loss of rights and interests.

If I don't want to leave my job after submitting my resignation report, can I secretly get the report back?

Since you have submitted your resignation, your resignation application has already been handed over to the corresponding people, and if you want to get it back, you must also ask them to agree to it.

If your resignation report has been submitted, to the leader for approval, the leader has not yet approved, and you happen to have a relatively high level of business, if the leader is more cherished, he will definitely talk to you and ask you if you really resigned, if it is he is estimated to keep it, at this time, you can follow the steps given by the leader, and then naturally take the resignation report back.

If your resignation report has been approved by the leader, the company has agreed to your resignation, but you regret it, you have to find a leader who has a good relationship with you, and say that you left at that time because of family reasons or other reasons, just don't say your own reasons, now that the matter is solved, want to return to the post, as long as you are really the kind of talent that the company wants, you must be willing to keep you, because the cost of cultivating a new person is very high, and you can't do anything when you just come, and it is not higher than the benefits brought by an old worker.

Extended Information: Labor Contract Law of the People's Republic of China

Article 50 An employer shall, upon dissolution or termination of a labor contract, issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the worker's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

I handed in my resignation letter, but I don't want to go to work anymore, can I just leave?

You cannot leave directly, unless you have reached an agreement with the employer and terminate the labor contract immediately.

If the resignation causes economic losses to the employer, the employee shall be liable for compensation.

Article 36 of the Labor Contract Law stipulates that the employer and the employee 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.

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.

If you don't want to resign, you communicate with the leader and say, I don't want to resign for the time being, I still want to continue to work here, I hope the leader will give me another chance, I will work hard! Thank you Leadership.

As long as it is not approved and the company agrees, it can be taken back. But this kind of behavior makes you seem indecisive and draggery, which affects your personal reputation.

Of course, you can get it back, as long as it is not approved, there is no problem, but the problem is that if the leader is unhappy and does not let you take it back, you can't help it, and then he will sign it immediately, and you can only resign.

In theory and practice, it is possible to get it back and continue to work in the unit, but in reality, if you really encounter this situation, it is not recommended to ask for the resignation application back, because as an adult after all, the resignation has been proposed, if we want him back and continue to work, I am afraid that the leader and colleagues will also have opinions on you, which is not conducive to the development of the company in the future. If it's because you don't have a suitable job for the time being, you can come back first, make a temporary transition, and hurry up to find a job, or you will be embarrassed later. Hope it helps.

Legal analysis: If an employee voluntarily resigns from the company and then repents, the employee may change or withdraw it before the employer makes a decision to agree. If the employer has already made a decision to consent, it cannot renege on it, unless there is evidence to prove that the resignation was caused by fraud or coercion.

If the resignation application is approved by the employer, it will take legal effect, and the employee cannot repent, and the resignation application cannot be withdrawn. Of course, there are exceptions, that is, after negotiation with the employer, the employer agrees that the employee can continue to stay.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 If an employer has any of the following circumstances, the employee may terminate the labor contract: (1) failure to provide labor protection or working conditions in accordance with the labor contract, 2) failure to pay labor remuneration in full and in a timely manner, 3) failure to pay social insurance premiums for the employee in accordance with the law, 4) violation of the provisions of laws and regulations, and damage to the rights and interests of the employee, 5) 6) Other circumstances under which the labor contract may terminate the labor contract as provided for in the first paragraph of Article 26 of this Law are invalid due to the circumstances specified in the first paragraph of Article 26 of this Law.