What should I do if my resignation is not approved? How the resignation is not approved

Strictly not legal! The landlord looks at the following: 1. There are three situations in which the worker proposes to terminate the labor contract (resignation).

First, in accordance with the provisions of Article 37, the employer shall be notified 30 days in advance without the approval of the employer. However, the employer is not liable for economic compensation; Second, if the labor contract is terminated in accordance with the provisions of Article 38, it is not necessary to terminate the labor contract 30 days in advance or to approve it, and the person can leave immediately. In addition, the employer must also pay severance of one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.

2. Therefore, it is very important to have a legitimate reason for resignation, as long as the reason is legitimate, any employer can not refuse, of course, if there is no legal reason, not only can you not go, you are gone, the unit will also find you trouble, not to mention that you will not get compensation, but you will also be asked to pay liquidated damages, and you will not go through the resignation procedures, which will cause trouble for your future employment. 3. The reasons for resignation are recommended to refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, such as: not signing the labor contract, not arranging working hours in accordance with national regulations, not paying labor remuneration on time and in full, not paying overtime wages for overtime, collecting the deposit of the employee, and not establishing the national statutory social insurance for the employee on time.

4. What you have to do now is: First, find a way to get back the resignation report you submitted before as soon as possible, I don't know what you wrote in the resignation report, but the reason for your resignation is very important, if it is not written properly, even arbitration will be unfavorable to you, not to mention that vested interests will be lost. Second, rewrite a "Notice of Termination of Labor Relations", the main contents:

In accordance with the relevant provisions of the Labor Contract Law, the employer shall be requested to pay the arrears of wages in full in accordance with the relevant provisions of the Labor Contract Law, pay severance and arrears of wages in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law, and go through the resignation procedures in a timely manner in accordance with the provisions of Article 50 of the Labor Contract Law. Third, the "notice" must be signed by the unit, and he will be delivered by ** letter or express delivery without signing, so as to ensure that evidence of the delivery of the notice is left. You're good to go.

5. If the employer does not perform its responsibilities according to the above requirements and does not pay the relevant fees, you will directly apply for labor arbitration (no fees, no lawyers) to the local labor administrative department, and claim compensation from the unit through the award issued by the labor arbitration, and if you do not pay compensation, you can apply to the court for enforcement.

The Labor Law gives employees the right to unilaterally terminate labor contracts, regardless of whether they sign labor contracts or not, regardless of whether the contract expires, as long as the employee fulfills the obligation to resign in writing one month in advance, the labor relationship will be automatically terminated after one month, without the consent of the leadership. If, after one month, the employer refuses to resign or withholds wages, you can report to the labor and social security department.

Legal analysis: You can submit your resignation report one month in advance, and you can leave on your own after the expiration date, and if the employer refuses to pay your wages, you can apply for labor arbitration.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China The employee can 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.