What are the consequences of leaving without resigning and signing a contract

If you resign on your own, the impact on you may be 1. The personnel file is still there, and you can't get it back (provided that you move the file to this company); 2. The social insurance relationship is still linked to that company, and you can't pay the insurance when you go to work in another company (provided that your social insurance relationship is in that company); 3. It's hard to say that you haven't received your salary.

If you are a company and an employee has done this, you, as an employee of the personnel department, should immediately handle it according to the company's regulations, and stamp the voluntary resignation materials, as well as the notice of termination of the labor contract (voluntary resignation), stamp the company seal, and then mail them to his ID address with EMS, keep these documents in his personnel file, and announce the processing decision on the company's bulletin board, take a photo, and keep it in the personnel file, and notify the social security institution to stop social insurance. As for the personnel file, your company can keep it, and the bachelor's degree or above needs to be kept for 50 years, don't lose it, put it in the category of dead files, and collect personnel file storage fees when he comes, according to the fees and late fees of the talent market.

If there is no special description in the contract, you do not need to pay liquidated damages, you can only be regarded as leaving the factory automatically, there is no big loss, and the pension and housing provident fund can still be taken away.

The most serious consequence is that you don't get paid.

After signing the labor contract, if you leave without resigning, there may be two main consequences:

1. Due to the failure to resign normally, the resignation procedures were not completed, resulting in the inability of the employing unit to go through the employment procedures and pay social security in the future.

2. If the economic loss is caused to the unit, the unit has the right to request compensation from the employee.

In accordance with the provisions of the Labor Contract Law, the employee submits his resignation to the employer in advance, three days in advance during the probationary period, and 30 days in advance after the probationary period, so that there will be no adverse impact, and the labor contract is the basic form of establishing labor relations. It is a common practice in all countries in the world to take the labor contract as the basic situation for the establishment of labor relations, because the labor process is very complex and ever-changing, and the rights and obligations of contract workers in different industries and different units in the labor process are differentLaws and RegulationsIt is impossible to stipulate the specific rights and obligations of the parties, which requires the signing of the labor contract to clarify the rights and obligations. Labor contracts are an important means to promote the rational allocation of labor resources, and employers can determine the conditions and methods for hiring workers according to their deep business or work needs, and give full play to the strengths of workers and make reasonable use of labor force by signing different types of labor contracts for different periods.

Dispatched workers enjoy the right to equal pay for the same work as the workers of the employing unit, and the employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for the dispatched workers and workers in the same position in the same unit. If the employing unit does not have workers in the same position, it shall be determined with reference to the labor remuneration of the workers in the same or similar position in the place where the employing unit is located.

The labor remuneration to be paid to the dispatched worker in the labor contract concluded between the labor dispatch unit and the dispatched worker and the labor dispatch agreement concluded with the employing unit shall comply with the provisions of the preceding paragraph. ”

Article 37 of the Labor Contract Law 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.

If you sign a labor contract and don't want to work in this unit, you don't say hello, you don't go through the resignation procedures, and you violate the terms of the contract, the unit has the right to sue you in the court to compensate for the loss, and I hope you go through the resignation procedures according to the terms of the contract

It is your freedom to come and go, and signing a labor contract without saying goodbye is contrary to good faith, but there are no consequences. It's just that you can't get your salary, and according to the labor law, you have to notify the employer in advance if you resign, and it doesn't matter if you don't notify the employer, because the employer has not suffered any losses. Go ahead and find a job!

If you sign a labor contract and do not resign, what will happen to this person, all hardware insurance will be canceled, there will be no financial compensation, if the labor contract is violated, the company will sue.

If you want to resign after signing the labor contract, you need to make a resignation report in advance. If you don't quit and leave, no one will be able to stop you. Unless you don't want a salary, and there is nothing to press on the unit**, then you can leave immediately.

It is a voluntary separation and does not receive any financial compensation.

Legal analysis: If it is not illegal and there is no written labor contract, it is an indefinite labor relationship, and the employee can terminate the labor relationship at any time. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If the employee terminates the labor contract in accordance with the provisions of the law, and has not undergone special training and has not agreed on the service period, he is not liable.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Legal analysis: If the employee and the company have not signed a labor contract, the company is illegal, but the employee can express his intention to leave through a letter, and if the employee only works for a few days, he can directly apply to leave. If the employee has not signed a contract for a long time, the company is against the law, and can require the employee to pay twice the salary during the period of work without a contract.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If the employee and the company have not signed a labor contract, the company is illegal, but the employee can express his intention to resign and leave through a letter, and if the employee only works for a few days, he can directly apply to leave. If the employee has not signed a contract for a long time, the company is against the law, and can require Beishan to pay twice the salary during the period of work without a contract.

[Legal Analysis].

If the employee is an ordinary employee and leaves on his or her own during the probationary period, the employer may require the employee to compensate for recruitment and training expenses. If you are a regular employee and cause financial losses to the company, the employer can require you to compensate for the financial losses, etc. The consequences of leaving directly without signing a contract are: affecting the settlement of wages, such as:

It is not possible to settle wages in one lump sum; If the transfer of social insurance is affected, the employer will handle the transfer of files and social insurance relations for the employee after completing the resignation procedures; If there is a service period, liquidated damages will be compensated in accordance with the law.

Legal basis] Labor Contract Law of the People's Republic of China Article 50 The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall go through 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.

Interim Provisions on Payment of Wages Article 16 Where an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.

If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Legal analysis: The resignation process without signing a labor contract is as follows: 1. The employee notifies the employer in writing 30 days in advance of the resignation; 2. The worker shall handle the work handover as agreed; 3. The employer issues a certificate of resignation.

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 3 of the Labor Contract Law of the People's Republic of China 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 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.

There are two situations to look at if you resign without signing a contract and leave directly:

1.During the probationary period. During the probationary period, the employee may terminate the employment contract at any time by notifying the employer.

2.If a regular employee resigns without signing a labor contract and leaves without handling the handover work, causing losses to the employer, he or she shall be liable for compensation.

It should be noted that the employer's failure to sign the labor contract is not the reason why the employee can resign at will, but if the labor contract is not signed in writing for more than one month but less than one year, the employee can request the employer to pay double the salary.

Legal basis. Article 32 of the Labor Law of the People's Republic of China An employee may terminate the labor contract at any time by notifying the employer under any of the following circumstances: (1) during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

If the term of the labor contract has not expired, the employee does not need to bear the legal consequences of resigning, except for the corresponding training fees agreed with the employer before the training service period has expired. Employees usually leave the company in the following situations:

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

2. In the case of Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately without prior notice to the employer, and 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 be in arrears of wages to the employee, and if there is a labor dispute, it can apply to the local human resources and social security bureau for labor arbitration4. If the employee does not submit the resignation 30 days in advance, and the employer does not have the situation of Article 38 of the Labor Contract Law, the employee directly submits the resignation letter and leaves, at this time, the employee violates the law, and the direct economic loss caused to the employer and the expenses incurred in recruiting the worker can be required to be borne by the employer.

If you sign a contract and leave your job without going through the normal resignation procedures, you may not get some compensation that you deserve, and you will be hindered in your future development path. The possible consequences are:

1.You may not receive your salary and bonus for the current month. Because you don't go through the resignation procedures in a normal shift, it is considered to be an unauthorized resignation. The financial department also pays wages in accordance with the process, and only those who leave the company in compliance can pay their salaries.

2.Social security may be interrupted. If you leave your job and do not move out in time, the new company may not be able to pay social security for you, and the original unit will not pay for you.

3.You will not be able to join a new company without a certificate of resignation. Some units attach great importance to the resignation certificate, and you can't do it if you don't have it.

Some companies care a lot about your background, such as whether you still have a relationship with the previous company, and whether it will affect the entry of the new company. Do you have a violation of the company before now?

Therefore, since the contract has been signed, the resignation procedures will be handled normally.

If you fail to resign in accordance with the procedures stipulated in the Labor Contract Law, the employer can pursue the losses caused to the company, and you will not be able to sign a labor contract with the new employer and renew your social security without giving you a certificate of termination of the contract, or transferring social insurance.

After signing the labor contract, there are no bad consequences of leaving without resigning, but there must be some consequences, such as: the monthly salary may not be available, because this is an unexcused absence from work for several days.

After signing the labor contract, leaving without resignation will mainly have two consequences: the first is economic loss, the employer can deduct your salary as economic compensation because of your failure to quit and do not cause losses to the unit; The second is that you can't get the termination of the labor contract if you do this, so you can't go through the unemployment registration, can't pay social security, and can't re-employ, which is very troublesome, so it's better to resign or submit the resignation report one month in advance according to the regulations.