What should I do if I can t quit my job in the factory, and if I don t quit in the factory

If you want to resign, you only need to submit a notice of resignation in writing to the employer 30 days in advance (3 days in advance during the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Handover (Documents and Materials) of the Employee", and the consent of the employer is not required. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle the formalities (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your salary in full in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law.

If you have fulfilled the resignation procedure in accordance with the law, and the employer violates the law by failing to handle the relevant procedures for your resignation and letting you go, and you believe that the employer has violated your legitimate rights and interests in labor security, you have the right to make a written report or complaint to the local labor and social security inspection brigade (Article 9 of the Labor and Social Security Supervision Regulations) and request the labor and social security inspection brigade to handle the matter in accordance with the law, or apply to the local labor dispute arbitration commission for arbitration in accordance with the law (labor dispute arbitration is free of charge). If you are not satisfied with the arbitration, you can also file a lawsuit against the employer in court (Article 77 of the Employment Contract Law).

Workaround:

1. PassPostal Express sends resignation applicationsto the company, or to appoint a lawyerSend a lawyer's letter

2. On the roof of the companyPretending to commit suicide by jumping off a buildingand call a colleague to help call the police;

3. Go to the hospital and ask the doctor to prescribe what you haveProof of critical illness, requiring hospitalization for rest;

4. If it is a woman, tell the supervisorPregnant, I would like to say this;

5. Collect evidence, which can be audio and video recordings, and then report to the local areaLabor Department Complaints

6. PrivatelyCommunicate with your supervisor, said that there was an urgent matter at home, and asked him to arrange for you to quit your job early, of course, you have to invite him to dinner and drink.

Article 37 of the Labor Contract Law stipulates that:

The employee may terminate the contract by notifying the employer 30 days in writing. This right of rescission is unconditional. ”

In addition, according to the Reply to Issues Concerning the Termination of Labor Contracts by Employees, the former Ministry of Labor stipulates that "if an employee notifies the employer in writing 30 days in advance, it is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract." The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer.

After 30 days, if the employee submits to the employer to go through the formalities for terminating the labor contract, the employer shall handle the formalities. ”

It can be seen from this that an employee who leaves the company early does not need to be approved by the employer, and only needs to give advance notice on time.

The actions of this factory are illegal, and there are many places where you can accuse him, and I will tell you little by little.

First of all, there is the issue of not signing an employment contract. According to Article 10 of the Labor Contract Law, "a written labor contract shall be concluded to establish an employment relationship.

The so-called establishment of labor relations means that you enter this factory to work, and from the first day you enter this factory, you will establish labor relations with this factory. At the same time, Article 10 also says: "If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment."

In other words, within one month of entering the factory, the factory should have signed a labor contract with you, and if they did not do so, it is already illegal.

Second, the problem of working overtime until half past eleven every day. Article 36 of the Labor Law: "The State shall implement a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

That is to say, it takes 8 hours to work every day, and if you work overtime every week, you can only accumulate 4 more hours of work, and you will work overtime until 11:30 every day, which is definitely not possible. According to Article 41 of the Labor Law, "due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

That is to say, even if the factory needs to rush work, you have to work overtime, you have to negotiate with your union first, presumably you don't have a union, and you can only add an extra hour a day to negotiate with the union.

Third, overtime is paid for overtime. According to Article 44 of the Labor Law, "a worker who is arranged to work longer hours shall be paid a wage remuneration of not less than 150 percent of his wages". Overtime cannot be added in vain, and overtime without payment is exploitation.

Fourth, the issue of resignation is not given. You don't have to wait in line to resign, but it's right to say in advance that you want to resign. According to 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 three days in advance during the probationary period. That is to say, if you want to quit your job, you should write a written resignation report, and the reason is to give it to the factory 30 days in advance, that is, one month in advance.

Of course, when your factory goes too far, you can just go. According to Article 38 of the Labor Contract Law, if a factory has any of the following circumstances, it may simply leave: "(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) 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;

Answer hello, according to the situation you provide, if you resign here, the factory does not give a resignation order, in this case, you can go directly to your local labor bureau to report, because this must be given to you after you resign, in this case, although it is a factory, it is also managed by the labor bureau, ask me to resign a month in advance, but what to do if you don't give it away Hello, according to the situation you provide, you can go directly on your side, in this case they have no way, And you will be paid a salary, and if you are not paid, you can report it directly to the labor bureau.

Ask a question, but can he just go without giving a resignation order?

It is recommended that you complain to the labor department, but before you complain, I suggest that you try to find the relevant leaders to try to communicate and solve the problem, of course, if you do have a problem to complain, you can go to the corresponding window of the labor department to deal with the complaint, or write a letter to the suggestion box, put forward specific reasons and some of your personal suggestions! Please adopt.

I can tell you responsibly that this factory has seriously violated the law, and they are withholding wages if they don't release it, right? The Labor Law stipulates that an employer shall sign an employment contract with an employee within one month. It is recommended to apply to the labor arbitration commission for arbitration first, and if there is no result, you can file a lawsuit.

Hope it helps.

1. You should submit your resignation report one month in advance;

2. After a month, if he doesn't go through the formalities for you, you tell him that if he doesn't do it for you, you have the right to sue him at the labor bureau.

3. He can't deduct your wages and do badly, which is protected as the income and reasonable loss of the employee's labor.

4. If you do cause losses beyond the scope of the factory system or laws and regulations, the company has the right to require you to compensate;

5. Pay attention to collect your labor contract, pay slips, attendance sheets, performance during work and other proofs in case necessary.

Is it considered a miner if you don't go to work on Saturday and don't take time off? Xiamen Lilijia Electronics****.

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.

Summary. Dear, why does the factory not give you a resignation, this may be because the nature of your work is closer to the interests of the company, because if no one directly replaces you and allows you to leave directly, it may cause damage to the interests of the company, so the company will not give you approval, unless she recruits someone, and if you recruit someone If you are not particularly anxious, such as the elderly at home or other special reasons, the company will generally not directly approve your resignation, he will let you first bring the new person familiar with the workwill agree to your resignation.

Dear, why does the factory not give you a resignation, this may be because the nature of your work is closer to the interests of the company, because if no one directly replaces you and lets you leave directly, it may cause damage to the interests of the company, so the company will not give you approval, unless she recruits people, and if you recruit people If you are not particularly anxious, such as the elderly at home are sick or other special reasons, the company will generally not directly approve your resignation. He will let you bring the new person to the familiar job before agreeing to your departure.

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If the factory doesn't give you a resignation, you can try the following steps:

2.Negotiate with the factory: You can communicate directly with the HR department or your supervisor and explain the reasons and requirements for your departure. When communicating, please try to remain calm, objective and reasonable, and express your position and demands.

3.Consult a legal professional: If the above methods do not solve the problem, you can consult a legal professional or your local labor inspectorate to understand your rights and obligations, as well as the applicable laws, regulations and procedures.

4.Finding a new job: While dealing with the issue of leaving, it is advisable to actively look for new job opportunities to avoid financial and career losses.

In short, when facing the issue of resignation, you need to deal with it calmly, rationally and legally, and protect your legitimate rights and interests as much as possible.

1. How to deal with the resignation if the factory does not give it.

1. The factory does not give resignation as follows

1) If the employee wants to resign formally, the labor contract can be terminated as long as the employer is notified in writing 30 days in advance, and the employer's consent is not required;

2) If you want to resign during the probationary period, you only need to notify the employer three days in advance to terminate the employment contract.

2. Legal basis: Article 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 an agreement through consultation.

Article 38.

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) 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 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 is the 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.