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In labor dispatch, the worker has an employment relationship with the labor dispatch company, but there is no labor relationship with the dispatched company. In labor dispatch, the unilateral termination of the labor relationship can be negotiated with the labor dispatch company or terminated at any time, so as long as you resign from the labor service company, the labor relationship is terminated, and the labor relationship between you and the dispatched company, that is, a third party, is also terminated. The next step is for the service company to explain the matter to the third party, without you having to explain it, and even if you do, it is only to inform the third party that your contract with the service company has been terminated.
So they don't sign for you, and they don't need to sign it, and signing is not a requirement.
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Of course, let the original unit print a "certificate of dismissal", which states that the day of resignation and the automatic termination of the labor contract will be made, and you will not assume any responsibility of the company from the date of termination, and affix the official seal. I kept it.
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According to the Labor Contract Law, you only need to notify the employer 3 days in advance to terminate the employment contract relationship with the employer during the probationary period, and you do not need to make a written resignation application. You don't need to care whether they approve it or not, if you notify the unit 3 days in advance, you have already fulfilled your obligations, and it is a voluntary resignation.
The word count is limited.
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1. The current labor contract law stipulates that if you want to resign during the probationary period, you only need to submit a written application to the employer three days in advance.
2. You are now on probation, and there are generally no personnel files, household registration and other problems, so there is no need to go to the Labor Bureau to handle anything, I don't know what you said to go to the Labor Bureau to do, according to the normal situation, your probationary unit will not give you the entry procedures.
Hope it helps.
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Be sure to have evidence to prove that you submitted your resignation report 3 days in advance! Otherwise passive! If the unit makes it difficult, it will bear all the consequences!
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If you submit your resignation, you must ask the company's personnel manager or your immediate supervisor to sign it, which is evidence. After obtaining the evidence and three days after the notice, you can negotiate with the company to request the termination of the labor contract and go through the resignation procedures, otherwise you can file a lawsuit with the labor arbitration commission.
What to bring: labor contract, ID card, resignation application (with signature).
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Remember: apply three days in advance, and then leave when you arrive three days ago.
Otherwise, these three days will be considered absenteeism.
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Don't write the reason for leaving, why do you write voluntarily if you are not voluntary, it is best to record your conversation.
According to the law and the practice of labor and employment management, the resignation of an employee, except for the termination of the labor contract, is nothing more than the following three situations:
First, in labor disputes between the two parties, the number caused by the resignation of workers accounts for a considerable proportion. In judicial (including arbitration) practice, the reason for the employee's resignation often becomes the focus of the dispute in the case, and it directly involves the rights and interests of the employee.
Second, the employer notifies the termination of the employment relationship, including written notice and oral notice;
The third is the employee's notice of termination of the labor relationship, including written notice and oral notice.
1. Negotiate with the employer to settle the problem. In the process of negotiation and settlement, attention should be paid to obtaining the time, reason or reason for the termination of the labor contract by the employer, so as to prepare for the collection and full guarantee of evidence when the negotiation fails.
2. Submit relevant questions to the employer in writing. In general, it should be submitted by letter or telegram, and the content should include: the fact that the employer has not notified the dismissal in writing, its own objections, its own claims, etc., and retain the content of the evidence.
3. Timely complain and petition to relevant institutions and departments. When making a complaint, the employer shall comprehensively and objectively register and record the failure to terminate the labor contract in the form of written notice, and keep the evidence of the complaint and petition.
4. Obtain audio recordings. Obtain audio evidence of the employer's failure to terminate the labor contract in the form of written notice through conversations and phone calls with the other party.
5. Submit an application for arbitration of labor disputes. After obtaining relevant favorable evidence, you can submit an arbitration request to the labor dispute arbitration institution.
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If an employee voluntarily resigns, the employer does not need to compensate the resignee, and the resignee cannot receive unemployment benefits and enjoy relevant benefits after unemployment.
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You don't have to sign it, and if you leave voluntarily, there will be no severance payment. However, the company that does not dare to give such labor contracts to employees is really not good, and I don't know how many illegal practices there will be in the future, so it is better to leave early.
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This can be reported it, regardless of whether anyone deals with it or not, report it first, this is obviously a violation of labor law, the contract must be in duplicate, take one copy each, he does this shows that they want to cheat people from the beginning, such a company must report, 58, Zhilian must report all the ** it publishes recruitment information.
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The labor contract is generally in duplicate to triplicate, both parties must hold, your company is illegal to do so, you can not sign, you can go to the labor bureau to reflect the situation, apply for labor re-adjudication.
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When signing a labor agreement, both parties should hold one copy, otherwise what is the agreement? The company asks you to fill out a resignation letter, and it has an impact that you write "voluntary".
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There is nothing wrong with an employee refusing to sign an employment contract and treating it as voluntary resignation, and it is difficult for you to protect your rights. If the labor contract has been signed, the employer does not ask you to sign for the receipt in accordance with the regulations, and only then can there be evidence to prove that the employer has violated the law.
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If you don't know what happened to you, you can't sign if you want to defend your rights.
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It's a little bit of an impact, and this company is also a bit of a trick. Collect documents and report to the labor bureau and let the labor arbitration. Specifically, call the local labor bureau ** consultation.
As long as the evidence is sufficient, there is no problem, first deal with the company's side, don't make noise, and the requirements are reasonable. The labor agreement can be sold, and it can be kept. When talking about the recording of resignation, it shows that you don't want to, but the company forced you to leave voluntarily.
If you don't want to bother, you have to collect evidence first, so as not to go through the previous resignation procedures, and the industry behind you will say bad things about you, making it difficult for you to find a job in the future.
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You can go to the Labor Arbitration Board for labor arbitration.
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Depending on the company's requirements and regulations, there will be different ways.
Generally speaking, it is necessary to submit an oral application to the company's human resources department one month in advance, and then print out the resignation report and submit it to the human resources department (the printing is more formal, please explain the reason for the resignation on the resignation content, etc.). Generally, it is not recommended to send an email, and they have to print it out if you send an email, which is tantamount to causing trouble to others.
Resignation procedures depend on the way of your company's human resources department, some companies need to handle the handover of staff, bring new people, and then settle wages with finance, etc., depending on how your company requires, this is not the person who resigns, it depends on the company's regulations.
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In fact, if you resign, depending on the size of the company, the company's procedures are different, smaller companies, you only need to mention the money for a few days and tell the boss, let him know in his heart, quickly find someone to hand over, if it is a resignation letter, handwritten and printed, or mail or directly put on his desk, you should depend on the situation, I don't know if I can help you.
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This kind of thing is better to talk to the company's personnel, after all, no matter what the law says, there are too many companies that do not come in full accordance with the law, and in the end, they don't have to listen to the company's specific arrangements.
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The company should have a printed form of resignation, you use a pen to write your name, the date of resignation, the reason for resignation, and directly hand it over to the leader
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Resignation is the termination of the labor contract, without the consent or approval of the unit, you only need to submit it 30 days in advance in accordance with the regulations, or ask for leave first, and send a notice of termination of the labor contract at home, and keep the sending voucher.
Labor Contract Law.
Article 37 A worker may terminate a 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.
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.
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In this case, the leader deliberately embarrassed you, you can go to the company's personnel department, you need to know that resignation does not need to be agreed to, as long as you notify the unit one month in advance, if someone embarrasses you, it is directly raised by email, or with the personnel department.
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Find the leader to confirm, and then you can only wait, at most a month, and if you don't sign, you will be considered to have resigned.
Generally speaking, some people who sign like to give you a card for a week, usually up to a week.
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1. Send the application by email, and your email will be recorded, as well as the boss's inbox.
2. Send it with EMS, fill in the "resignation letter" in the inventory, so that even if the boss does not accept it, it is also in the EMS delivery record, and it is not regarded as delivered.
3. Don't be afraid of trouble, find someone from the notary office to pay it together.
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Ask him again: If you really can't do it, just leave.
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First of all, to answer your first question, the so-called "say yes" is just a verbal promise, not written into the contract, that is meaningless, so when the employer does not sign a contract with you, everything you say, you can only think of it as a fart. Although our country recognizes the validity of verbal promises, you need to provide proof from a third-party who has no interest, which means that the company's 3500 commitment to you is just a, whether it is moral or legal, so next time, be smart and see how the employment contract is written.
Second, with regard to the company's leave system, this is the discretion given to each company by the company law, and it is pointless for you to argue with the company's leaders, even if you poke the matter to the labor department, the labor department will send it back to your company's personnel department to deal with it on its own. Therefore, in response to this problem, you should ask the personnel department for a copy of the company's articles of association on the first day of working in the company, and have time to study it, which is absolutely very detailed about how to ask for leave in the company, Shenma can do it, and Shenma can't do it. If they say that they don't have articles of association, or they won't give it to you, you can tell them that according to the company law, any company must have articles of association, and without that, your company is an illegal organization.
Thirdly, on the issue of resignation, it is the orthodox procedure to submit the resignation report one month in advance. Of course, you can also take the unusual road and run away. In the former, you can get your wages back, and in the latter case, your company wants you to do this, which is to save wages.
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You can automatically resign within one month after submitting your resignation!
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