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1. There are two ways for an employee to resign normally: one is to terminate the labor contract in accordance with the provisions of Article 37, that is, to notify the employer 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. 2. Therefore, it is recommended that you 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, maliciously deducting the wages of employees, indiscriminately imposing fines, not paying overtime wages for overtime, collecting deposits from employees, and failing to establish national statutory social insurance for employees on time. 3. If the resignation letter has been submitted and the unit does not approve it, what you have to do now is:
First, find a way to get back the resignation letter you submitted before as soon as possible, I don't know what you wrote in the resignation letter, 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 vested interests will be lost. Second, write a new "Notice of Termination of Labor Relationship", the main contents of which are: (first state any one or two of the above-mentioned reasons for resignation), propose to terminate the labor relationship in accordance with the relevant provisions of the Labor Contract Law, request the employer 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. 4. If the employer does not perform its responsibilities according to the above requirements and does not pay the relevant fees and wages, you can directly apply to the local labor administrative department for labor arbitration (no fees, no lawyers), 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.
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I think it's a bit childish if you want to leave your job just because you're homesick, you're already working, you're an adult, don't leave your job for childish impulses. Career is what accompanies us for the rest of our lives.
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Think about it from another perspective, what would you do if you were a leader one day?
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1. The labor contract can be terminated in accordance with the provisions of Article 37 of the Labor Contract Law, that is, the employer can be notified 30 days in advance (3 days of probation period), and the employee can leave without the approval of the unit. However, the employer is not liable for economic compensation;
2. You can also terminate the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, without 30 days in advance and without approval, and you 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.
3. If the unit does not pay wages, you can first complain to the local labor law enforcement inspection brigade, and they will supervise and inspect in accordance with the "Labor Security Supervision Regulations" and order corrections; If this is not possible, you can directly apply for labor arbitration to the labor administrative department to protect your legitimate rights and interests.
Difference Between Resignation and Resignation:
1. Secondly, the process is different.
The resignation is the termination of the labor relationship with the employer after the application of the employee and the approval of the leadership.
Resignation, such as absenteeism, is a voluntary resignation without any application.
2. In the end, the results are different.
There are two situations of resignation, one is that the employer resigns because it violates laws and regulations and harms the rights and interests of the employee, and the employer not only needs to pay labor wages, overtime allowances and other expenses, but also needs to pay economic compensation. One is to resign of one's own will. You can get normal remuneration for your work, and there is no severance payment.
If you are absent from work and resign, you will not be able to get your salary, and you may also need to bear the liability for breach of contract.
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Generally speaking, if you want to resign, you can terminate the employment contract by giving 30 days' notice to the employer, but you must prepare evidence to prove that you have submitted your resignation certificate 30 days in advance.
If the boss still does not agree in this case, he can resign directly, and if the boss is in arrears in terms of wages, he can use the law to protect his rights and interests.
However, if the landlord wants to resign quickly and does not want to be deducted by the boss, I suggest that you deliberately do all kinds of irrelevant things during work every day, and then let the boss take the initiative to fire you.
In this way, not only can you quit your job quickly, but you can also get all the salary you deserve in terms of salary.
Article 37 of the Labor Contract Law of the People's Republic of China 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.
There are three situations in which an individual proposes to resign:
1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, and may 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. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, the employee directly submits the resignation letter and leaves, at this time, you are violating the law, and the employer can require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the laborer.
3. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require 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.
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The resignation of an employee does not require the consent and approval of the employer, but only needs to notify the employer in writing one month in advance, and after one month, the employer can be required to settle all wages and go through the resignation procedures.
First, in accordance with the provisions of Article 37 of the Labor Contract Law, the employer shall be notified 30 days in advance (3 days of probationary period) without the approval of the employer. However, the employer is not liable for economic compensation;
Second, if the employer proposes to terminate the labor contract in accordance with Article 38 of the Labor Contract Law (the employer is not lawful), it does not need to be approved 30 days in advance, and the employee 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 46 and 47 of the Labor Contract Law.
If the boss deducts wages or defaults on wages without reason, the worker may file a complaint with the local labor inspection department or apply for labor arbitration.
If you work for a company and have signed an employment contract, there are two ways to request payment of wages.
1.You can go to the local labor bureau to complain about the labor inspection, which is simple, but the enforcement may not be very strong in various places.
2.You can apply for arbitration at the local labor bureau (Labor Dispute Arbitration Commission of the Human Resources and Social Security Bureau) and demand payment of wages.
If it is a part-time job for an individual boss, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration. Article 50 of the Labour Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis.
Wages shall not be deducted or unjustifiably delayed.
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The new labor law stipulates that if you have a contract, you can say hello one month in advance, and you can resign after one month.
If you don't have a contract, you can leave by yourself, it's fine.
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Are there any companies that can't leave? What are you showing off?
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Recently, a reader asked an embarrassing question about the job hopping: what should I do if I plan to resign and change jobs, and I accidentally submit my resume to my company?
1. What type of leader do you belong to?
In the general direction, when managers see that their subordinates are starting to send resumes around, they must realize that you have at least the intention to resign.
But what his mood is, and what he plans to do with you, may be really different from what you think.
From a manager's point of view, there are two main categories:
If your leader is younger, it's a chick. He is likely to have a very bad attitude towards you, and even have the emotion of "you actually betrayed me".
But this emotion, you just need to face it with an adult attitude, tell him your current predicament and demands, if he can't solve it, naturally he won't have emotions with you. After all, as a manager, he is ashamed to draw a big pie with empty white teeth.
If your leader is more mature. Then he will skip the initial emotional stage and go straight to the rational thinking stage: you are leaving, what is he going to do with you? It depends on how much value you have in the leader's mind.
2. What is your value in the hearts of leaders?
Depending on how much you value him, he has three options:
1.You are the backbone of his core.
He will patiently talk to you, what is your demand, why do you want to change companies? You just have to tell the truth, and the attitude expressed is, I didn't want to leave, but I really can't solve the difficulties when I meet them. Economically, in life, in cooperation, it can all be said.
If he can solve it for you, he will solve it for you, and if he can't solve it, he won't embarrass you.
But he will definitely consider the risks that your departure brings to the company and find someone to replace you. Considering that you are the core backbone, this person is not easy to find for a while, and it is difficult to say whether you can quickly integrate into the company and produce the same benefits after finding it. So if you can't find a suitable job, it doesn't matter if you come back and stay.
It's just that you are a person who secretly brushes your resume without knowing from the leader, are you the core backbone?
2.You're the one he's wanted to get rid of a long time ago. That's great, he'll breathe a sigh of relief, save a lot of effort to communicate with you, and pay compensation.
He will tacitly communicate with you, act as if he didn't see it, and even help you find a home and send you away quickly. This is the most pleasant, and there is no need to worry about any conflicts at all.
3.You are somewhere in between. In fact, this team has not many of you, if it is a mature organization, it will have made a backup for you a long time ago, if it is an immature organization, it will give you some temporary benefits at this time, and secretly prepare to replace you. Talk about dryness.
At this time, it depends on the attitude of the leader, anyway, if he doesn't mention it, you don't mention it. If the leader comes to you, you give the leader a step down to see how he moves next.
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