Is signing a resignation letter a termination of the labor contract?

The difference between a resignation application and an application for termination of an employment contract:

1.The resignation application is often the employee's voluntary application for resignation, which usually needs to be 30 days in advance, and the probation period is 3 days in advance, and the employer is not at fault; The application for termination of the labor contract is a negotiation between the employee and the enterprise to terminate the labor contract, in which the employee often asks for compensation or supplementary social insurance, etc., and some enterprises do not have strict requirements for both.

3.The resignation application is a general term, and the termination of the labor contract is a legal term;

Individuals usually resign from the following situations:

1.During the probationary period, you only need to notify the employer three days in advance, and after the regularization, you only need to notify the employer in writing 30 days in advance to go through the resignation procedures.

2.If the employer violates Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately without prior notice to the employer, require the employer to pay the remaining wages and economic compensation (one month's salary for every one year of service), and go through the resignation procedures.

3.The employer shall not default on the wages of the employee, and if there is a labor dispute, it can apply to the local human resources and social security bureau for labor arbitration.

4.If the employee does not submit his resignation 30 days in advance, and the employer does not have the circumstance provided for in Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, the employer may claim to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

The resignation report does not count as a termination of the employment contract. If the employee submits the resignation application, the employee shall notify the employer one month in advance and obtain the resignation certificate from the employer after completing all the resignation procedures. According to the regulations, 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 employer and the employee may terminate the labor contract if they reach an agreement through consultation. Legal basis:

Article 36 of the Labor Contract Law of the People's Republic of China An employee 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 employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Resignation is not necessarily the termination of an employment contract. Resignation is the resignation of the employee, and it is the act of terminating the rights and obligations of the two parties to the employer on his or her own initiative.

Resignation is a unilateral act, that is, the employee takes the initiative to terminate the contract and the employment relationship. Resignation does not necessarily lead to the termination of the employment contract.

1. What is the difference between the termination of a labor contract and resignation and voluntary resignation?

The difference between the termination of the labor contract and resignation and voluntary resignation: The termination of the labor contract refers to the legal effect of the early termination of the labor contract by both parties, and the termination of the rights and obligations of both parties. Resignation is the resignation of the employee, which is the act of the employee proposing to the employer to terminate the labor contract or labor relationship.

Voluntary resignation is an act of forcibly terminating the labor relationship with the enterprise according to the employee's own situation.

2. Is the contract terminated after the employee's resignation?

When an employee resigns, the contract is terminated. If the employee voluntarily resigns, the employer does not need to make corresponding compensation, and if it is a unilateral act of the employer, it needs to make financial compensation. It is very common for employees to voluntarily resign, which requires employers to deal with the employment contract with employees.

After leaving the job, Hu Zhao will continue to pay social security in the following ways:

1. If the worker has already found a new job, he or she can transfer the file to the new work unit;

2. If you don't find a new job, or if the new unit can't accept the file, you can store the personal file in the talent market for trusteeship.

3. Whether the resignation is a termination or a rescission of the contract.

If the employee submits his resignation, the employer agrees that the employee's resignation is a termination of the labor contract. If the employee voluntarily resigns, the employer does not need to make corresponding compensation, and if it is a unilateral act of the employer, it needs to make financial compensation. It is very common for employees to voluntarily resign, which requires employers to deal with the employment contract with employees.

Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.