The resigned leader does not sign and goes to human resources to get the return order

Employees can apply for labor arbitration to protect their rights due to the termination of labor relations and disputes with the employer.

In accordance with the Labor Contract Law

Article 49: The State shall take measures to establish and improve a system for the transfer and continuation of workers' social insurance relations across regions.

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.

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.

Labor Dispute Mediation and Arbitration Law

Article 2 This Law shall apply to the following labor disputes between employers and workers 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.

Negotiate with the company first, and then go to the outsourcing human resources department to sign.

You have the right to resign, but the leader does not sign it, you can use other ways to prove that the resignation letter has been submitted to the leader, such as mailing, etc., in a way that you find convenient and effective.

If the resignation leader does not agree and does not go through the formalities, the employee may notify the employer in writing 30 days in advance, and when the time is up, he can voluntarily leave the job without the approval of the leader, and request a certificate of termination of the labor contract.

Resignation and resignation general state undrafted procedure:

1) Submit a resignation request 1 month in advance;

2) Actively communicate with the employee supervisor and the resigned employee;

3) The resignation application form shall be signed and approved by leaders at all levels;

4) The employee's resignation application is approved, and the resignation and handover procedures are handled.

We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.

Legal basis: Article 32 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer:

1) During the probationary period;

2) The employer uses violence, threats, or illegal restrictions on the freedom of physical examination to force labor;

3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

Article 36 of the Labor Contract Law of the People's Republic of China.

Termination of Labor Contract through Negotiation] The employer and the employee may terminate the labor contract if they reach a consensus through consultation.

Article 37 of the Labor Contract Law of the People's Republic of China.

Employee may terminate the labor contract by giving 30 days' written notice to the employer. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

1. There are three situations in which an individual proposes to resign:

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

2. You can send EMS at the post office, and fill in the "Decision (or Notice) to Terminate the Labor Contract" in the "Name of Internal Parts" column, and keep the base sheet as evidence, so as to facilitate the retention of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

Article 38 An employee may terminate a 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.

Summary. Hello, This is legally invalid, there are several possibilities, one is that the boss did not agree, and the other is that she did not take it, why should HR return the resignation form that the boss did not sign.

Hello, this is invalid according to the law, there are several possibilities, one is that the boss did not agree, and the other is that she did not take it, first close the law, because according to the provisions of the labor contract law, as long as you are a hail in advance of the town of Lufan's application for resignation, even if the leader does not sign, you can resign normally, and you can get the compensation you deserve in accordance with the regulations. You can go to the personnel department and issue the resignation certificate directly. If you don't give it, you can complain to the relevant department.

After working for ten years, the boss suddenly raises the salary, and the salary is not as high as before, what should I do?

If there is no suitable reason, you can ask the company for compensation. Legal basis: Article 38 of the Labor Contract Law The employee may terminate the labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with 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 violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer. Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

In the event of resignation, the employee only has the obligation to inform, that is, to notify the employer one month in advance.

If the leader disagrees and does not approve, then you can ignore it, and you can keep what you say.

As long as you can prove that you resigned a month in advance, you can leave.

If the company embarrasses you or does not pay you, you can go to the labor inspection brigade to complain to them.

Go to the labor contract you signed with the company before, the labor contract should have an agreement on it, and the resignation process should be there. As long as you follow the agreed normal process to apply for resignation. The rest is a matter of communication with the old version.

Generally speaking, as a wise boss, you will not deliberately leave a person whose mind is no longer in the company. It's just a matter of time, remind more and communicate more.

As for the leader, if you don't want to let you go, then you can talk to the leader, and if that's the case, you can give me a raise. You go everywhere to earn money, and if you do a good job and the leader is not willing to leave, you can talk to him about raising your salary. If he gives you a boost, you can still work here, go to work here.

If the resigned leader does not sign, it means that the leader has taken a fancy to you, appreciates you very much, and wants to keep you, but there is really no way, you can leave directly.

If the departing leader does not sign, it means that you are too capable. The leader attaches great importance to the reluctance of you to leave, etc. Therefore, the departing leader does not sign.

As long as you don't plan to return to this company, after one month, whether he signs it or not, your application will be automatically approved.

Talk to the leader first, if he doesn't agree, you go to his boss to communicate, if it doesn't work, then you can only go through labor arbitration.

Because of your talent and level of business. No matter how you behave, you don't drag your feet in things. This shows that leaders are very important to talents. I can't bear to let you go. I really hope you stay.

Go through the formalities in accordance with the provisions of the labor law, and it is useless for the leader not to sign.

Do not write a resignation letter.

A notice of resignation should be written.

In this way, after only one month, you can automatically leave and be protected by law.

Do you resign 30 days in advance, regular employees have to give a resignation letter to the unit 30 days in advance, and if you give 30 days, you can leave your job on your own.

I think if the leader doesn't sign, he may be reluctant to let go.

Go to the arbitration management department of the Social Security Bureau and find a staff member to go to your unit to assist you in handling it, and they will not ignore it.

What should I do if there is no restriction on the resignation of the leader? I think if you really leave your job and the leader is not restricted, you can just leave

If you don't sign it, let him get a raise and negotiate conditions.

It doesn't matter, don't be afraid, if there are clear laws and regulations in our country, you just need to follow the procedures according to the law.

The leader wants to keep you, if you really want to leave, why don't you talk to the leader. The leader understands your reason and should agree.

The employee can file a complaint with the local labor inspection department and request the employer to go through the resignation procedures and social security transfer procedures for the employee.

The process for employees to go through the resignation procedures:

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. Handover the work that the employee is doing to another person or supervisor.

Work handovers can help prevent employees from leaving their jobs in a hurry, causing work disconnects, and reducing unnecessary financial losses.

3. The company's property, documents and debts are settled.

During the employee's stay in the company, the company shall designate a special person to receive the property belonging to the company that is distributed by the company or in the hands of the employee himself. And clean up all the documents and materials kept and used by employees during their employment, such as customer lists, various charts and drawings, financial books, work plans, technical data, etc. In addition, when the employment contract is dissolved or terminated, the company should check whether the employee owes debts to the company during his employment, such as loans, compensation, fines, etc.

4. Return the employee's certificate and settle the salary.

5. If the company proposes to terminate the labor contract, it shall pay economic compensation to the employee in accordance with the provisions of the Labor Contract Law.

6. Sign a non-compete agreement. If the company deems it necessary to sign a non-compete agreement, the corresponding obligations of the employee shall be specified in the termination agreement.

7. Issue a certificate of dissolution or termination of the labor contract.

8. Handle the procedures for the transfer of files and social insurance relations. The Labor Contract Law stipulates that the company shall handle the procedures for the transfer of files and social insurance relations for employees within 15 days after the termination of the labor contract.