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If an employee voluntarily resigns, the employer may also be required to go through the resignation procedures and social security transfer procedures for him/her.
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 the Finance Department will settle the loan and sign and confirm it 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, as long as it is a regular large unit, it will generally be required to be issued, because according to the provisions of the labor law, the company shall bear the liability for compensation for the employment of personnel who have not terminated the labor relationship.
If you are a probationary employee, you generally only need to apply three days in advance, and the procedure is relatively simple.
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According to the relevant provisions of Articles 36 and 37 of the Labor Contract Law, the employer and the employee may terminate the labor contract if they reach an agreement through consultation, but the employee shall notify the employer in writing 30 days in advance, and if the employee is on probation, the employer shall be notified 3 days in advance. Therefore, for those who resign on their own, attention should be paid to checking whether they submit the resignation within the time prescribed by law, and at the same time, they should be required to fill in the "Resignation Application Form", and the resignation procedures can be completed with the consent of the employer.
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Under normal circumstances, if you voluntarily leave the company, you will complete the resignation procedure within 15 days. If the employee voluntarily resigns from the company, he or she may submit an application for resignation to the employer 30 days in advance according to the normal resignation procedures, and the employee during the probationary period may notify the employer three days in advance. Generally, within 15 days of terminating the employment contract, the employer will complete the procedures for the transfer of the employee's file and social insurance relationship.
According to the Labor Contract Law of the People's Republic of China, 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. 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.
Legal basis. Article 50 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Obligations of Both Parties after the Termination or Termination of the Labor Contract] The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and handle the formalities for the transfer of files and social insurance relations for the employee 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.
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Legal analysis: If it is a regular enterprise, you are automatically resigned, that is, you are absent from work for more than 3 days and are removed from the company. According to the labor law, no matter how you leave your job, the company should give you a written resignation certificate, and if you are not given the resignation procedures and the resignation certificate, you can claim your rights as an in-service employee.
Therefore, you can get a certificate of resignation, and you should keep evidence that can prove the employment relationship, such as employment contract, time card, pay stub, etc., in case the other party does not admit that you were an employee of them. However, considering China's national conditions, if it is a foreign company, it should be fine; If it is a Taiwanese company or a private enterprise, it may encounter some difficulties.
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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Since the resignation of the supplementary office, it is considered a normal resignation.
Is there any compensation from the company for normal resignation?
1. There is no compensation for resignation. If the employer dissolves or terminates the labor contract in accordance with the provisions of the labor contract and meets the provisions of the labor contract, it shall pay a certain amount of economic compensation in accordance with the law; If the employer dissolves or terminates the labor contract in violation of the law, and the employee requests to continue to perform the labor contract in accordance with the regulations, the employer shall continue to perform it; If the employee fails to let the employer continue to perform the labor contract, or the labor contract can no longer be performed, the employer shall pay the employee appropriate compensation.
2. Legal basis of air search: Article 46 of the Labor Contract Law of the People's Republic of China.
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer submits a request to the employee to terminate the labor contract in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
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Since the resignation of the supplementary office, it is considered a normal resignation.
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Voluntary resignation generally refers to the situation in which the employee does not terminate the labor contract 30 days in advance in accordance with the law, leaves the employer without authorization and no longer goes to work, and the employer will handle it according to his or her voluntary resignation. In this case, in principle, the employee is dishonest and non-compliant. It depends on how to open this resignation certificate, and if the procedures are complete, you can follow the employee's speech.
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Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls 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 the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or the employer violates rules and regulations and orders risky work that endangers the personal safety of the employee, the employee may immediately terminate the labor contract without prior notice to the employer.
No, the voluntary resignation company can not issue a resignation certificate, which is the price of voluntary resignation, and it is also the price of not complying with the employment rules, because this is what the company does not want to happen. Only if the resignation is agreed by the company, that is, the written materials of termination of the contract have been signed with the company, the leaving company will issue a resignation certificate. >>>More
First of all, it is corrected that your situation is not self-detachment. Voluntary resignation, referred to as self-separation. It is a relatively serious punishment method for workers by the unit. Self-leavers generally have several characteristics: leaving the post without saying hello (no longer going to work); No handover of work. >>>More
1. If you regret it, try to go back, and the original unit should welcome you back to work in a high chance. >>>More
In the graduation season and before the Chinese New Year, it is often the peak period of resignation and job hopping, so when you mention resignation, there is a question of being retained by the current boss with a salary increase, I think there should be different choices in different situations. The following is summarized in three scenarios. >>>More
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. >>>More