What should I do if I leave and the labor contract is not terminated???

1. Self-departure means voluntary resignation, that is to say, the employee does not notify the employer in accordance with the regulations, and resigns without authorization, since it is self-departure, then the labor contract has been terminated;

2. If you need a certificate of termination of the labor contract, you can ask the employer for it, and the employer must issue it, otherwise the worker can complain to the labor inspection brigade;

3. The legal basis is the Labor Contract Law

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

Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph. If the labor contract has not been terminated after two years of separation, it may be that the labor contract has not expired and the labor contract needs to be terminated through negotiation with the original company. If the labor contract has not expired, the labor contract must be terminated in accordance with the termination method agreed in the labor contract.

If the driving contract has expired and the two parties have not negotiated an extension, it shall be automatically terminated.

The policies of each company are different, so the regulations are different.

Legal analysis: 1. The voluntary resignation of an employee refers to a reckless act of unilaterally terminating a labor contract without notifying the employer in accordance with the regulations. 2. If a certificate of termination of the labor contract is required, the self-departing person can negotiate with the employer to settle the problem, and if an agreement is reached, the employer will issue a certificate of termination of the labor contract; If the negotiation fails, the worker may be held accountable by the employer

According to the provisions of the Labor Law, if an employee voluntarily leaves the job, he or she shall bear the consequences. Accordingly, first, the laborer does not have any wages; Second, according to the nature of the worker's original work, if he or she should bear the responsibility of confidentiality, he shall be held liable for leaking secrets; Third, if the voluntary resignation causes economic losses to the enterprise, he shall be liable for compensation; Fourth, workers who have received job training must also bear economic losses such as training fees. 3. After the issue of recourse to the self-departed employee is resolved, the employer will issue a certificate of dissolution or termination of the labor contract to the self-departed employee, and complete the formalities for the transfer of files and social insurance relationship for the employee within 15 days.

Legal basis: 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 established 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 for the establishment of labor relations. 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 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

If the employee does not terminate the labor contract after leaving the company, he or she shall bear the corresponding liability if the employer suffers losses. The employee may issue a notice of unilateral termination of the labor contract to the employer 30 days in advance, and the employee may leave the original employer after 30 days even if the company does not sign and approve the termination of the labor contract.

1. What should employees with terminal cancer do?

Employees with terminal cancer should be held accountable by the company. If the medical treatment period has expired but the employee is unable to perform the original job or the work arranged by the employer, the employer may give the employee 30 days' notice and terminate the labor contract after 30 days. According to the relevant laws and regulations, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary under any of the following circumstances:

1. The worker is sick or injured not due to work, and cannot engage in the original job or other work arranged by the employer after the expiration of the prescribed medical treatment period;

2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment.

2. Do I need to apply for resignation?

Resignation is subject to application. If an employee unilaterally terminates the labor contract with the enterprise, he or she is generally required to notify the employer 30 days in advance. The advance notice period is 30 days, that is, the employee needs to give 30 days' notice to the enterprise, and cannot immediately apply for immediate departure.

If the employee improperly resigns and causes losses to the enterprise, then the employer can claim compensation from the resignee. However, this does not mean that companies can arbitrarily deduct wages.

3. What should I do if the resignation application is not approved by the company.

If the employee's application for resignation is not approved by the company, it is invalid, and the right to resign is the legal right of the employee. The employee shall notify the employer in writing 30 days in advance of the resignation and 3 days in advance during the probationary period, and terminate the labor contract at the expiration date. Under any of the circumstances provided for in Article 38 of the Labor Contract Law, the employee may unilaterally terminate the labor contract.

Article 2 of the Law 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 conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 37 of the Labor Contract Law provides that 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 steps for self-departure to terminate a labor contract are generally as follows: 1. Self-departure means voluntary resignation. In other words, the employee fails to notify the employer in accordance with the regulations and leaves the job without authorization.

Since the employee has left himself, the labor contract has been dissolved; 2. If you need a certificate of termination of the labor contract, you can ask the employer for it. The employer must issue it, otherwise the worker can file a complaint with the labor inspection brigade.

[Legal basis].

Labor Contract Law of the People's Republic of China Article 50 The employer shall, upon dissolution or termination of the labor contract, provide a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.