Labor laws dictate how far in advance a resignation takes

Updated on society 2024-04-02
3 answers
  1. Anonymous users2024-02-07

    Three days in advance is required during the probationary period and 30 days in advance during the non-probationary period. Legal basis: 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.

  2. Anonymous users2024-02-06

    Legal Analysis:1When a worker terminates a labor contract, he or she shall notify the employer in writing 30 days in advance.

    2.Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time: (1) during the probationary period; (2) The employer forces labor by means of violence, threats or illegal restrictions on personal freedom; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 31 A worker who terminates a labor contract shall notify the employer in writing 30 days in advance.

    Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer: (1) during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The unit that uses the poor person fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

  3. Anonymous users2024-02-05

    If the worker needs to resign, he or she can do so 30 days in advance; If an employee resigns during the probationary period, he or she only needs to inform the employer three days in advance to receive wages and go through the resignation procedures. Employees who resign without signing a labor contract do not need to declare in advance and can leave their jobs at any time. There are generally three circumstances for resignation: first, the employment relationship is terminated immediately in accordance with the law, such as the employer has violence or threats against the employee to force the employee, does not pay wages as agreed in the contract, etc., the employee may request the employer to terminate the labor contract at any time; Second, according to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract; The third is to apply to the employer, and the two parties agree to terminate the contract through consultation.

    Labor Contract Law of the People's Republic of China

    Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

    Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. Any employee who notifies the employer three days in advance during the probationary period may terminate the employment contract.

    Article 50 The employer shall, when dissolving or terminating the labor contract, issue a certificate of dissolution or termination of the labor contract and go through the formalities for the transfer of the worker'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.

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