What are the repercussions of resignation without a job handover?

Voluntary resignation refers to the employee's failure to perform the termination procedures when terminating the employment relationship, leaving the post without authorization, or leaving the employer without completing the termination procedures.

Employers may treat employees who leave their jobs without authorization as absenteeism and remove them from work. According to national regulations, employees who voluntarily leave their jobs do not enjoy any benefits (enterprises will have the right to stop paying social security and provident fund for self-departing employees).

According to Article 37 of the Labor Law, 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.

If there is a training agreement between the two parties, Article 22 of the Labor Law needs to be fulfilled: if the employer provides special training expenses for the employee and provides him with professional and technical training, it may enter into an agreement with the employee to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the resignation procedures are not completed, the unit cannot complete the corresponding work handover and carry out the corresponding adjustment of the work tasks in an orderly manner, which may cause corresponding losses to the unit. It is recommended that you provide a written application explaining the specific situation and leave the job normally; If it is recommended to reach an agreement with the employer for personal emergency reasons, the labor contract will be terminated.

As a result, the employer may take measures against you, such as deducting wages and not applying for a resignation certificate, and may also claim compensation for losses caused.

1. Is the resignation and resignation not completed?

1. If the resignation handover is not completed, it will not be considered resignation. If the employee has submitted a written resignation application, it will not be considered as a resignation without completing the resignation procedures, and the labor contract can only be formally terminated after the work handover is completed. The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

2. Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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.

2. Can I ask for leave during the resignation application?

1. Whether employees can take leave during the resignation period is not clearly stipulated in the labor law, and the general employer will allow employees to take leave for humane considerations;

2. Regardless of whether it is a resigned employee or not, only sick leave, maternity leave, maternity leave, etc. must be approved during the employee's employment. Annual leave is approved or not approved according to the company's situation, wages and remuneration need to be paid if the leave is not approved when it expires, and other personal leave can be rejected for approval;

3. In the case of resignation, the employee can arrange the resignation handover as soon as possible after the resignation, and it is not necessary to wait for 30 days before leaving. If the employee wants to ask for leave, he or she can explain that he or she will complete the resignation and handover and terminate the labor relationship.