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Legal analysis]: The procedures that should be handled for the resignation of employees are: 1. Handling work handover.
2. Return the company's property, documents and pay off debts. 3. Return the employee's certificate and settle the salary. 4. If the company proposes to terminate the labor contract, it shall pay economic compensation to the employee in accordance with the provisions of the labor contract law.
5. Sign a non-compete agreement. If the company deems it necessary to sign a non-compete agreement, the corresponding obligations of the employee shall be specified in the termination agreement. 6. Issue a certificate of dissolution or termination of the labor contract.
7. Handle files and social insurance.
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 a consensus through consultation. 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 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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 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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The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall, in accordance with the agreement between the two parties, handle the handover of work and return the goods of the unit to the unit. If the employer shall pay severance to the employee, it shall be paid at the time of the handover of the work.
If the employer fails to issue a written certificate of dissolution or termination of the labor contract in accordance with the law, causing damage to the employee. Legal basis: Article 22 of the Labor Contract Law of the People's Republic of China Where an employer provides a worker with special training expenses and professional and technical training, it may enter into an agreement with the worker 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 employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism. Article 23 The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period.
If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality of the employer. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.
After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years.
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Resignation requires the following procedures: first submit an application for resignation with a letter of preparation, which shall be approved by the unit, or submit an application for resignation in accordance with the law; Then complete the work handover in accordance with the agreement with the unit; Then the unit will issue a resignation certificate; Finally, within 15 days, the files and social security relations of the labor imitators will be transferred in a timely manner.
Labor Contract Law of the People's Republic of China
Article 50. 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.
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1. Pay off all the things of the company (including receiving the reserve fund to be returned and applying, etc.) 2. Check the attendance and salary of the month of resignation.
3. Receive the resignation file of the personnel department, including the resignation certificate, social security payment certificate, provident fund Golden Dragon Card and employment and unemployment registration certificate (if you have it, you will receive it, and if you don't have it, you will not receive it).
4. After finding the next unit, you can continue to pay social security in the same area, and the provident fund is temporarily sealed in your previous unit (the unit that left the company), and you need to open an enterprise provident fund acceptance letter to the previous unit for provident fund transfer. If you have a personnel file, you have to go to the next unit to handle the reception.
5. Keep your labor contract and use it when you retire in the future.
Leave of absence.
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The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall, in accordance with the agreement between the two parties, handle the handover of work and return the goods of the unit to the unit. If the employer shall pay severance to the employee, it shall be paid at the time of the handover of the work. >>>More