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1. If the labor contract has not expired, it is necessary to submit a written resignation application and an application for termination of the labor contract to the department leader one month in advance, and report to the human resources department after the department leader signs the opinion. 2. The human resources department shall report to the department level by level, and after the approval of the general manager and the chairman, the human resources department shall notify the department leaders to arrange the work handover. 3. Employees need to hand over in turn according to the contents of the "Departing Employee Handover Formalities", "Work Handover Schedule" and "Item Handover Sheet", and after the Finance Department settles the loan, the handover is deemed to be completed after the handover is signed and confirmed by both parties and department leaders.
4. If insurance is involved in the salary, the Human Resources Department and the Finance Department shall handle the insurance liquidation and carry out the procedures for insurance reduction. 5. The human resources department counts the attendance of the month, reports to the superior for approval, and pays the employee's salary on the salary settlement date. 6. The human resources department handles the procedures for the termination of the labor contract and issues the "Certificate of Termination of Labor Contract" to the employee, which is required by the employee to the next new unit.
If you are a probationary employee, you generally only need to apply three days in advance, and the procedure is relatively simple. In addition, it is reminded that if the employee has a personnel file in the company, the file must be transferred to the talent exchange center. If there is already a unit willing to accept the safekeeping, it is also acceptable.
Other forms of resignation, such as the expiration of the labor contract, will not be renewed, and the work handover will be handled normally, and there is no need to apply 30 days in advance.
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As long as you notify the company 30 days in advance that you want to leave the company, you can automatically leave the company after 30 days, even if the company does not go through the resignation procedures.
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If the company does not go through the resignation procedures, you have to ask them who they can handle, otherwise it is not a way to drag it all the time.
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When an employee terminates a labor contract, he or she shall notify the employer in writing 30 days in advance. If the company does not go through the resignation procedures, you can negotiate and communicate with the company first, and if you still do not handle it, you can appeal and complain to the labor administrative department.
Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee'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.
Article 89 of the Labor Contract Law of the People's Republic of China If an employer fails to issue a written certificate of dissolution or termination of a labor contract to an employee in violation of the provisions of this Law, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.
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The company does not issue a resignation certificate? This reason must not be capricious to the company.
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If the boss still refuses to go through the resignation procedures for you, you can go to the local labor and social security bureau to apply for labor arbitration, otherwise it will affect your future labor contract with the new unit and handle the social security relationship, you can ask the boss again to go through the resignation procedures Since the boss has agreed to your resignation.
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If the resignation of the employee expires and the employer does not go through the resignation procedures for the employee, the employee may file a complaint with the local labor inspection department and request the employer to complete the resignation procedures for the employee. The process for employees to go through the resignation procedures is as follows:
1. Do health examinations for employees engaged in operations with occupational disease hazards;
2. Handle the handover of work. Except for the handover of work, the departing employee shall immediately stop engaging in all business in the name of the employer.
Labor Contract Law of the People's Republic of China
Article 38.
The employee may terminate the labor contract 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.
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As long as you apply for resignation 30 days in advance in accordance with the provisions of the law, then the employer should go through the resignation procedures for you within seven days after the expiration date. It is recommended to actively negotiate with Shan He to make it clear what the unit should bear. If the negotiation fails, you can go to the labor inspection brigade to file a complaint or apply for arbitration.
Article 37 of the Labor Contract Law stipulates 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. 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.
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