How to resign and terminate an employment contract .

Then read the Labor Contract Law. If an employee formally submits a resignation, the company is obliged to respond within a certain period of time. So your contract says you can leave on your own if the company doesn't respond for six months.

The fault here is that the company should respond (promptly) to your legal resignation. If you quit a month early, the company has no reason to deduct your salary and certificates. Under the free legal advice of **go**, your company's practice is definitely beyond its authority.

1 No 30 days' written notice is sufficient.

2. Liquidated damages are illegal, and wages are not paid, and you should go to the labor department for help.

PS: Are you a recent graduate?

Little brother, you entered the black factory and went to the labor bureau to coordinate.

If the employer is in arrears of wages and does not pay wages, you can request the termination of the labor contract, which is not restricted by the terms of the contract. If the employer has defaulted on the facts, do not submit the resignation. If you want to resign, the employer can not give you financial compensation.

If the employer requests to terminate the labor contract on the grounds that the employer has violated the labor law, he may seek compensation.

You can find a labor inspection brigade or squadron under the local labor bureau, and they will come in faster and at no cost. Labor arbitration needs to file a complaint within 60 days from the date of dispute, and after 60 days, you must go to the court to file a lawsuit, and you must also take time and pay the litigation fees.

1. If the company signs a labor contract and does not inform it, the content of the contract is illegal and shall be deemed invalid.

2. The state stipulates that a written application should be submitted 30 days in advance, remember that it is in writing, and the other party must sign for it, so that you can leave directly. Your resignation application must be written out for some reason in the company so that you can keep evidence that you have been with the company for a long time, such as writing that you have been with the company from 2007 to 2011, etc.

3. The seizure of the certificate is illegal and shall be punished by the administrative department.

4. Invalid, the salary must be returned.

Legal analysis: The termination of the labor contract is not a resignation, and resignation is the resignation of the position, and the employee proposes to the employer to terminate the labor contract or labor relationship. Article 36 of the Labor Contract Law of the People's Republic of China stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 In establishing a labor relationship, a labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded with the company on time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

The employee may negotiate with the employer to terminate the employment contract. The legal result of terminating the labor contract occurs after the resignation and handover of the employee. According to the provisions of Chinese law, both the employer and the employee have the right to terminate the labor contract, and the employee can terminate the labor contract according to his own wishes, but the employer cannot terminate the labor contract at will.

Therefore, after the resignation, the result of terminating the labor contract with the employer of the Dongji faction occurred immediately.

[Legal basis].Labor Contract Law of the People's Republic of China Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer has its business license revoked, ordered to close down, revoked, or the employer decides to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.