What should I do if I refuse to approve my resignation? What should I do if I resign and don t appro

Updated on workplace 2024-04-06
6 answers
  1. Anonymous users2024-02-07

    30 days' written notice is sufficient, and remember to settle the salary clearly. This is the most formal process, but you should always make sure that your supervisor receives your written notice.

  2. Anonymous users2024-02-06

    Take the salary and shake your head and leave.

  3. Anonymous users2024-02-05

    As long as you don't sign a contract, you can leave directly.

  4. Anonymous users2024-02-04

    The solution to the resignation is as follows:

    1. You can apply to the local labor department for labor arbitration;

    2. If the leader does not approve the resignation, the resignation notice can be directly issued. If an employee resigns, he or she does not need the consent of the employer, and directly issues a notice of termination of the labor contract to the employer 30 days in advance, and after the expiration of the period, the employee can go through the resignation formalities, ask the employer to issue a certificate of termination of the labor contract, and then go through the formalities for the transfer of files and social security relations within the specified time limit.

    Termination with advance notice 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 basisArticle 36 of the Labor Contract Law of the People's Republic of China.

    The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

    Article 38.

    The employee may terminate the 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 violates rules and regulations and forces the employee to perform risky work that endangers the personal safety of the worker, the employee may immediately terminate the labor contract without prior notice to the employer.

  5. Anonymous users2024-02-03

    If an employee resigns by notifying the employer in writing 30 days in advance or exercising the right to terminate the contract in accordance with the law, the employee may terminate the employment relationship with the employer in accordance with the law without the approval of the employer; If the contract is terminated by consensus with the employer, the approval of the employer is required, and if the employer does not agree, the employee can continue to negotiate with the employer.

    Article 31 of the Labor Law stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of a labor contract. "Generally speaking, if an employee wants to leave his or her original job, he or she needs to notify the employer in writing 30 days in advance, clearly expressing the intention of terminating the employment contract (relationship).

    Unless the employee is on probation or the employer has violated the legitimate rights and interests of the employee (such as the provisions of Article 32 of the Labor Law and Article 36 of the Labor Contract Law (Draft)). This is mainly due to the fact that the employee leaves the company, and the employer needs time to find a suitable employee to fill the vacancy left by the employee's departure; In addition, it takes a certain amount of time for the handover of workers who leave the company. When resigning, the employee should receive a variable salary for the previous year.

    Article 9 of the Interim Provisions on Payment of Wages stipulates that: "When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. "You have completed the work tasks of the previous year, and you should receive all the labor remuneration of the previous year according to the law.

    What should I do if my company leader doesn't sign off on my resignation? If you submit a resignation application and the unit leader does not approve it, there is nothing improper about the actions of the leader of the single field. Because the application is only an expression of your intention to terminate the employment contract to the employer, not an expression of your intention to unilaterally terminate the employment contract, the employer has the right to disagree with your resignation application.

    If you have issued a notice of unilateral termination of the labor contract to the employer 30 days in advance, you can leave the original employer after 30 days, even if the employer leader does not sign the approval, and if the employer does not perform the relevant procedures in accordance with the law, you can file for labor dispute arbitration, or you can apply for labor security supervision to require the employer to fulfill its statutory obligations. However, it should be reminded that if your termination of the employment contract violates the provisions of the employment contract, you will also be liable for the corresponding breach of contract. If the company's leaders do not sign to approve my resignation, and I still resign, will I not be able to receive my floating salary and identity replacement fund (after my company was converted from state-owned to private in the past few years, the identity replacement fund has not been paid)?

    If the resignation is submitted in accordance with the legal procedures, and the company's leaders do not sign and approve it, they can apply for labor dispute arbitration and require the unit to pay the corresponding labor remuneration and bear the corresponding liability for compensation.

  6. Anonymous users2024-02-02

    1. What should I do if my resignation is not approved?

    1. The handling method of resignation and non-approval is as follows:

    1) You can file a complaint with the labor department or apply for judicial settlement;

    2) Submit a written resignation application three days in advance;

    3) There is no need to obtain the approval of the employer, if not, you can complain to the labor department or apply for judicial settlement, and the resignation letter should indicate in writing the date of resignation determined by the employee.

    2. Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China omits seven articles.

    Please click to enter a description (up to 18 words).

    The 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.

    Article 39.

    The employer may terminate the labor contract if the employee falls under any of the following circumstances:

    1) During the probationary period, it is proved that they do not meet the employment requirements;

    2) Seriously violating the rules and regulations of the employer;

    3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

    4) The worker simultaneously establishes a labor relationship with another employer, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;

    5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

    6) Those who have been pursued for criminal responsibility in accordance with law.

    2. What is the procedure for terminating a labor contract?

    1. Prepare a written notice of termination of the labor contract and serve it on the employee, and the notice of termination of the labor contract shall state the facts, reasons and basis for the termination of the labor contract by the employer;

    2. The labor union shall be notified of the reasons for terminating the labor contract in advance;

    3. Issue a certificate of dissolution or termination of the labor contract at the time of dissolution, and handle the transfer of files and social insurance relations for the employee within 15 days;

    4. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of the law, it shall be paid when the worker completes the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least 2 years for future reference.

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