The factory does not allow resignation, what should I do if the factory does not allow me to resign

Updated on workplace 2024-04-03
9 answers
  1. Anonymous users2024-02-07

    It is correct for you to say that there is no basis for your resignation, and the factory cannot handle the resignation procedures for you in violation of the law. If you want to resign, you only need to submit your resignation report in writing to the labor and personnel department of the factory 30 days in advance.

    If you continue to work for 30 days, you can stop working on the 31st day, and you have the right to request the factory to go through the formalities of resignation, and the factory should handle it, and at the same time pay the wages in a lump sum (Article 9 of the Interim Provisions on Payment of Wages) and issue you with a certificate of termination of the labor contract (Article 50 of the Labor Contract Law), otherwise the factory will be in violation of the law.

    Article 31 of the Labor Law An employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.

    Article 37 of the Labor Contract Law The 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 3 days in advance during the probationary period.

  2. Anonymous users2024-02-06

    After submitting the resignation letter, you will automatically leave your job after a month, but you will not be allowed to leave this month, the factory is legal, if you leave, even if you leave illegally.

  3. Anonymous users2024-02-05

    Hello, I'm glad to answer for you, here is the information for you to find that the employee has the right to resign, the company does not let the employee resign is a violation of the labor contract law, the employee can complain to the local labor administrative department, or apply for labor arbitration, with legal means to protect their legitimate rights and interests.

    Question: He asked me to sign a guarantee that I was not a summer vacation worker and a temporary worker, and then asked me to sign a resignation and resign according to the company's normal procedures. I have been doing it for more than 10 days now and I don't want to do it, and I now propose that I will resign next month, that is, 30 days in advance, and he will press me with the guarantee I signed, and said that I will wait until I have done it for a month, and what to do if I recruit talents and let me go.

    Questioning is equivalent to a guarantee I signed and according to the normal procedures of his company, which does not affect me telling him 30 days in advance that I am resigning and that he has the obligation to approve my resignation, right? As long as I say I quit 30 days in advance, no matter how long I have been doing it, according to the law, he has to let me resign, right?

    Asked if he would deduct my money, although it was not written in the contract, I signed the guarantee that I was not at ease, and the main thing was that I was afraid that he would not let me leave.

    Q: How much will I deduct under normal circumstances? If he doesn't agree to my resignation after 30 days, how can I sue him?

  4. Anonymous users2024-02-04

    It is not legal, you just need to follow the procedure, 3 days in advance during the probationary period, and one month in advance after the probationary period, if your unit does not release people, you can go to the local labor station to report the situation.

    Leave is subject to salary deduction, which is normal.

  5. Anonymous users2024-02-03

    Of course not. If you have a contract with a number of years ... You may not be able to resign. You and the same are signed every few years

  6. Anonymous users2024-02-02

    The company does not let the employee resign and threatens to deduct wages, what should the employee do?

  7. Anonymous users2024-02-01

    If the employee resigns and the employer does not approve it, the employee may mail a letter of resignation to the employer by courier, keep the express delivery details and make a copy of the letter of resignation, and after the resignation expires, the employer shall be required to pay the employee's salary and go through the resignation procedures for him.

    Article 37 of the Labor Contract Law of the People's Republic of China: An employee may terminate a labor contract by notifying the employer in writing 30 days in advance.

  8. Anonymous users2024-01-31

    According to the provisions of the Labor Contract Law, there are two forms of resignation of workers:

    1. You can submit it in accordance with the provisions of Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, without 30 days in advance and without the approval of the unit, and you can leave immediately. The employer shall not only pay wages on time, but also pay severance of one month's salary for each year of service in accordance with Article 46 of the Labor Contract Law.

    A letter of resignation (preferably written as a Notice of Resignation) can be written like this:

    The labor contract signed with the employer is from xx year xx to xx year xx month, because the employer violates the relevant provisions 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, not paying overtime wages for overtime, collecting deposits, and not establishing national statutory social insurance for employees on time, etc., are all legitimate reasons for resignation. You can list one or both of them.

    In accordance with the relevant provisions of Article 38 of the Labor Contract Law, if I propose to terminate the labor relationship, the employer shall pay the employee's wages in full in accordance with Article 9 of the Interim Provisions on Wage Payment promulgated by the Ministry of Labor. In accordance with the provisions of Article 46 and Article 47 of the Labor Contract Law, the severance of one month's salary for each year of service shall be paid; In accordance with the provisions of Article 50 of the Labor Contract Law, the resignation procedures shall be completed in a timely manner, and a certificate of termination of the labor contract shall be issued. If the employer does not pay, I will reserve the right to apply for labor dispute arbitration. Notice is hereby given.

    2. In accordance with the provisions of Article 37 of the Labor Contract Law, the employer can be notified 30 days in advance (3 days of probation), without any reason and without the approval of the unit, and the employer can be required to go through the resignation procedures and leave. It's just that they don't get financial compensation.

    Based on the above provisions, the notice of resignation can be written like this:

    There is a certain department, and the labor contract signed with the employer from xx year xx to xx year xx month, due to my own reasons, I hereby submit my resignation in accordance with the provisions of Article 37 of the Labor Contract Law, and will leave the unit after 30 days, please do a good job of taking over the work, I will do a good job of handing over the work within the specified time, and ask the unit to go through the resignation procedures in a timely manner in accordance with the provisions of Article 50 of the Labor Contract Law. Notice is hereby given.

    4. If the employer does not perform its responsibilities according to the above requirements and does not pay the relevant fees and wages, you will directly apply to the local labor administrative department for labor arbitration (no fees, no lawyer), 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.

  9. Anonymous users2024-01-30

    1. What should I do if the factory does not allow me to resign?

    1. The factory does not allow resignation as follows:

    1) If you do not resign from the factory, you can complain to the local labor inspection brigade;

    2) The 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. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China.

    Unilateral termination of labor contract by the employee] The employee may terminate the labor contract under any of the following circumstances:

    1) Failure 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;

    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 specified in the first paragraph of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated 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.

    2. What matters should be paid attention to when resigning.

    1. Select the timing of resignation, under normal circumstances, it is necessary to submit a resignation application half a month to a month in advance, so as to leave enough time for the company to arrange the scheduling of the overall personnel;

    2. Choose a way to resign. Resignation can be divided into oral resignation and written resignation. Generally speaking, if an employee has signed an agreement with a certain company before joining the company, he or she must choose to leave in writing, subject to obtaining a resignation certificate;

    3. Keep the resignation information. This retention of resignation information is not only a matter of keeping the resignation certificate, but also the resignation information should be kept confidential as much as possible before the supervisor approves it. If the resignation information is leaked in advance, it is not conducive to the harmony of interpersonal relationships and the smooth progress of daily work;

    4. Do a good job of resignation and handover. When doing the handover of resignation, we should try to teach the work situation and work experience of the position to the handover personnel without reservation, so that they can adapt to the work faster and do not affect the normal operation of the company.

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If you are beaten by the squad leader in the factory, I think you can call the police, because no matter what happens, you can't hit people at will.