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Mine is:1whether you really want to resign; 2.whether you have applied to the company in advance; 3.Whether there is someone in the company who can take your place. The following analysis is made according to the specific situation:
1.Resignation is a means. In life, there must be more means than ends. The same is true in the workplace, some people say that resignation is just a means for him, not his real goal.
2.Can you find another job? There is another kind of person, in fact, he just resigned for the sake of resignation, he didn't think about the consequences at all, and there was no way back, he just didn't feel happy in his heart, and as for what to do in the future, even he didn't know.
3.It's easy to say that you really want to resign. As long as you really want to resign, everything will go according to the normal procedure.
Because work is inevitably a consensual act, as long as you want to leave, no one can stop you. Even if the leader forcibly prevents you from resigning, it is an irrational behavior. To put it seriously, that's a violation of the law.
Since it's a resignation, there has to be a process.
For the company, resignation must not just say hello and verbally to the leader, first of all, you are in writing to type the resignation report, and the leader has been informed of your resignation.
Resignation is not an act that you propose today and can leave tomorrow. Most companies require at least 15-30 days in advance to give them someone to replace you and succeed you.
This is often the most overlooked problem for a person who resigns, because he just wants to quit.
But as a company, just because one person leaves the post, it can't affect the entire operating mechanism. The more important the job, the harder it is to find a replacement for you.
If you haven't found the right person to work for you in the company (it must be substantive, not malicious), the boss will certainly not want you to leave.
Of course, there may be other reasons for not being able to find someone for a long time, such as: salary, benefits, danger, etc., which may be the reason why you want to quit.
In this case, my resignation has arrived, and the company always uses no one to replace it as an excuse, and after repeated appeals to no avail, I can only go through legal procedures.
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You can apply for labor arbitration to force the company to terminate the labor relationship with you, or directly put it in the company, and the leader will naturally release you if she can't stand it.
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In this case, you must communicate with the leader and show your reasons to the leader, so that you can avoid problems.
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I think that in this case, you should take the initiative to explain your request to the boss to resign, and you can leave after a month if the leader agrees to it.
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Legal analysis: If the leader does not approve the resignation of the company, it is okay, and the notice of termination is the right granted by law to the employee to terminate the labor contract, and the labor contract will be terminated when it expires. The employee shall notify the employer in writing 30 days in advance of the resignation and 3 days in advance during the probationary period.
However, if the employee illegally terminates the labor contract and causes losses to the employer, he shall be liable for compensation.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An 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.
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If the employee has issued a notice of unilateral termination of the labor contract to the employer 30 days in advance, even if the leader of the employer does not approve the signature, he can leave the original employer after 30 days.
According to Article 37 of the Labor Sales Contract Law, an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance of the closure of the employment contract.
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Leaving a job is a personal decision, and everyone has their own thoughts and reasons. If you've made the decision to leave, the leader's promise may be just a temporary comfort, or an attempt to keep you.
However, if you are going to consider the promises of your leader, then it is advisable to do a thorough assessment of your job responsibilities, work environment, salary package, etc. If you think these issues have been well resolved, then you can consider staying.
But if you've already decided to leave and you think it's already your best bet, I suggest you communicate clearly with your boss and express your thoughts and why. At the same time, thank the leader for the opportunity you have provided and do a good job of handing over the work before leaving. This is an opportunity for you to move forward, and you need to maintain a positive attitude, look for better jobs and development opportunities, and take advantage of future opportunities.
Proposing to leave a job, whether for the employee or the company, will have a series of pros and cons.
Pros: 1Employees can change careers and development directions, find better development opportunities and salary packages, and achieve their career goals.
2.Companies are also able to optimize their organizational structure, restructure their business units, reduce payroll costs, and improve efficiency and profitability through employee departures.
3.Offboarding can foster change and innovation between employees and the company, opening up new opportunities and challenges for each other.
Cons: 1Leaving the company is destabilizing and requires extensive and planned personnel adjustments, not only to recruit new employees, but also to spend a lot of time and resources training and motivating new employees.
2.When employees leave, they lose their contacts and workplace resources, which may affect their career development and may also reduce the company's reputation and business quality.
3.If an employee leaves due to unfavorable factors, such as company culture, management systems, or leadership styles, steps need to be taken to address these issues to avoid another employee departure.
To sum up, although the resignation may bring some adverse effects, for employees, it is an opportunity to develop themselves and achieve career goals; For companies, it is also possible to change the structure and optimize the core business to achieve greater benefits.
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The solutions to the resignation leader who does not agree are as follows: 1. Continue to negotiate with the leader, and after the negotiation is completed, then you can go through the resignation procedures and leave according to the agreement; 2. If it is during the probation period, then you only need to notify the employer three days in advance, and you can leave your job after three days, without the approval of the unit; 3. If the probationary period has passed, then it is necessary to notify the employer in writing 30 days in advance, and you can leave your job when the time comes, without the approval of the unit; 4. If the employer infringes on the rights and interests of the employee, then the labor contract can be terminated directly without prior notice or approval from the unit. If you go through the resignation procedures in accordance with the normal process, but the unit does not give you a resignation certificate and transfers social security, which causes you damages, you can complain to the labor inspection brigade and ask the employer to compensate you for your losses.
So under what circumstances can I leave my job without notifying the employer? In the following circumstances, the employee does not need to give advance notice to resign: 1. The employer fails to pay the labor remuneration in full and in a timely manner, and does not pay overtime pay if the wages are in arrears.
2. The employer fails to pay social insurance premiums for the employee in accordance with the law. 3. If the employer fails to provide labor protection or working conditions in accordance with the labor contract, if the employer does not reach an agreement with the employee in advance, and changes the work location, job position, working hours, etc. without reason, the two parties are at a stalemate, and the employee may take the initiative to terminate the labor relationship. 4. If the rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of the employees, such as the rules and regulations of the employer stipulate that the employees work overtime on weekends, and the employees are absent from work if they do not work overtime, etc., which damages the rights and interests of the employees, the employees may propose to terminate the labor relationship at any time.
5. If the employer takes advantage of the danger of the employee by means of fraud or coercion or a tape measure, so that the employee enters into or changes the labor contract contrary to his true intentions, the employee may terminate the labor contract at any time after waking up afterwards. To sum up, as long as the resignation procedures are normally handled in accordance with the provisions of the law, then the approval of the unit is not required, and the person can leave when the time comes. There are also some special circumstances where the employee can terminate the employment contract without even notifying the employer in advance, do you understand?
Article 36 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Termination of Labor Contract through Negotiation] The employer and the employee may terminate the labor contract if they reach a consensus through consultation. (1) During the probationary period, it is proved that they do not meet the requirements for employment; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
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