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You don't need the company's leaders to sign and leave.
1. There are three situations in which an individual proposes to resign:
1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can 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. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without 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.
3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.
2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.
Labor Contract Law!
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If the boss does not approve the written application in advance, you can go directly to the labor bureau for the record, and then go through the resignation procedures after 30 days, if the company does not agree, you can apply for arbitration. Sure to win!
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You notify the employer one month in advance that you need to resign, and then after one month, you can find the employer to receive the due remuneration and dismiss the employee. As for whether or not someone signs it, that is not a requirement under the law.
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Basically, the legal protection for those who voluntarily resign is not very good in our country! Many companies are embarrassed by resigning employees, or deducting due pay! Since many people go to the next workplace in order to complete the resignation procedures quickly, they generally endure this unfairness!
In fact, now you are very simple, the key is whether you want the salary of the month, if you don't want it, just leave, the company will treat you as a person who leaves voluntarily.
If you want a salary, I think you still have to communicate and negotiate with your leader. No, you take your contract and consult a lawyer. Because I don't know the details of your employment contract now, I don't dare to make a decision.
Hope mine can help you out.
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Legal analysis: If you apply for resignation one month in advance, even if the leader does not sign, you can resign normally. Resignation is the resignation of the employee, and the employee proposes to the employer to terminate the labor contract or labor relationship.
acts. According to the employee's own choice, the employee may notify the employer in writing 30 days in advance to terminate the labor contract or submit an application to the employer, and both parties may agree to terminate the contract through consultation.
Legal basis: Labor Contract Law of the People's Republic of China
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 Under any of the following circumstances, the employer may terminate the labor contract by hand: (1) failing 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.
Target; (4) The rules and regulations of the employer.
violating the provisions of laws and regulations and harming the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Laws and administrative regulations.
Other circumstances that stipulate that an employee may terminate a labor contract. 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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If you resign and don't sign, then you can automatically go away after waiting for a month, according to the law.
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Then it depends on whether the time for your resignation is enough, the regular needs to be submitted one month in advance, and if you are still in the probation period, three days in advance, whether you sign or not, you should be able to go when the time comes, and besides, if you mention a month of resignation, the company will definitely give you a go.
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You can leave your job directly. Because according to the provisions of the Labor Contract Law, as long as you apply for resignation one month in advance, even if the leader does not sign, you can resign normally, and you can get the compensation you deserve in accordance with the regulations. You can go to the personnel department and issue the resignation certificate directly.
If you don't give it, you can complain to the relevant department.
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The labor law stipulates that if you resign, you only need to type the resignation report one month in advance, and then you can leave the company, and you do not need to be approved and signed by the leader.
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Report to your superiors. Normal formalities. Generally, it will be approved. There is nothing that says not to be approved. So. I do not approve it. Just go to the labor office and report it.
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If you resign and don't sign, then you will be in a bit of trouble at this time, then you can only wait for the signature before you can really resign.
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You can negotiate and solve the compensation problem, whether you leave or the company fires you, this can be discussed, as long as the salary is in place, it is generally easy to say, in this era of extremely unstable work, individuals can only find a better company by improving their ability, otherwise you can only choose to start your own business as a boss.
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Article 37 of the Labor Law stipulates:
The contractor shall submit the written resignation materials 30 working days before the resignation, and the resignation can be completed at that time.
Part-time workers can leave the company if they submit their resignation in writing three days in advance.
If the employer does not perform the relevant resignation procedures, you can apply for labor arbitration to protect your legitimate rights and interests.
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If I'm not mistaken, resignation does not necessarily have to be signed by the leader, if the leader is forced not to sign, I don't want to let you go, you directly type the resignation letter, hand it over to personnel, it is best to say on WeChat, qq, or something, tell them that the resignation letter has been submitted, leave evidence of resignation, 30 days, they don't let go, the labor law stipulates.
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Please! It's just soft grinding and hard bubbles, or finding a very hard relationship to talk about peace. As long as it doesn't violate the rules.
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In the resignation procedures, the parties may apply to the unit for resignation in advance, or they can negotiate with the unit, and if the unit violates the law, they can directly resign. If the employer deliberately makes things difficult, you can go to the labor bureau to appeal.
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.
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The labor law stipulates that employees only need to submit a resignation application one month in advance to resign, and it is the company's business whether the company signs or not, and it is illegal for the company to not let them go at that time.
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The Labor Law stipulates that resignation is as follows: An employee who resigns must notify the employer in writing 30 days in advance. Article 31 of the Labor Law of the People's Republic of China stipulates:
The employee shall notify the employer in writing 30 days in advance of the termination of the labor contract", which clearly gives the employee the right to resign, and this right is absolute.
The word notice is used here, and it should be submitted 30 days in advance, taking care to preserve the evidence.
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If you resign and don't sign, it means that you don't agree, so let's negotiate slowly.
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Then are you having a conflict, talk about it, talk about it, and there is no problem that cannot be solved.
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Resignation is simply informed to the employer, and no approval is required from anyone.
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As long as the process is in place, signing is a minutiae.
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First of all, you have to study your contract, according to the contract, how many days in advance to submit an application for resignation, if the application is not signed, it is best to keep the relevant evidence, it is recommended to send the resignation certificate to the immediate supervisor by email, copy to the personnel department and department leaders, if the contract stipulates that the resignation needs to be applied for 1 month in advance, you can leave the job at this time next month after you send the application today, of course, this method is suitable for ordinary contracts, binding contracts are not suitable.
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1. How to prove that the resignation report is not accepted for 30 days.
1. The following ways can prove that the resignation report is submitted 30 days in advance:
1) Be sure to follow the company's resignation approval process. Submit it directly to the direct supervisor for signature and confirmation;
3) Send an email to the supervisor, and at the same time send the supervisor and the human resources department, attaching a scanned or photographed copy of the resignation certificate.
2. Legal basis: Article 31 of the Labor Law of the People's Republic of China on Qixiang.
If the employee terminates the labor contract, he/she shall notify the employer in writing 30 days in advance.
Article 32.
Under any of the following circumstances, the employee 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 employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.
2. What is the specific process of resignation?
1. The worker should write a letter of resignation. Grasp the reason for resignation, resign voluntarily, there is no economic compensation, and you can't enjoy unemployment benefitsIf you resign unwillingly, then you can enjoy economic compensation and unemployment benefits;
2. The worker should apply for resignation one month in advance, submit the resignation letter at the beginning of the month, and find the company to sign and agree;
3. The employee shall go through the resignation procedures according to the management of the company's personnel department, and may have to sign and agree with the manager of each department according to the resignation form;
4. After the work is handed over, the company's personnel department shall issue a certificate of termination of the labor contract, give the employee social security handbook and employee files, and settle the remaining wages.
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The employee's reluctance to sign is a unilateral termination of the contract, and the party at fault needs to bear certain responsibilities.
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A resignation report was written and awaited approval from the unit. This is already in line with the legal requirement for employees to resign. Units should also change their management systems.
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