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Act in accordance with the company's contract.
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Generally, it depends on how the company stipulates how early to resign.
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There are two ways to resign:
First, in accordance with Article 37 of the Labor Contract Law, the employer shall be notified 30 days in advance (3 days of probationary period) without the approval of the employer.
Second, the termination of the labor contract in accordance with Article 38 of the Labor Contract Law does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of work in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.
When fulfilling the obligation of advance notice (in writing), it is necessary to keep the evidence signed by the employer to prove that the written notice of resignation has been submitted to the employer 30 days ago.
Employees need to be able to prove their resignation. Some employees have resigned but received a notice of dismissal because the company does not admit that they have received the resignation notice and the employee does not come to work, so they are removed for absenteeism. Therefore, the employee needs to be able to prove that he or she has submitted a resignation report.
Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment 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 employee may terminate a 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.
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I submitted my resignation report to the company because of a trivial matter, but the company did not approve it, what should I do? The employee's resignation is not approved by the company, and the employee's resignation does not require the employer's consent. According to the law, the employee may terminate the contract by giving 30 days' written notice to the employer.
If the contract is terminated by giving three days' notice to the employer during the probationary period; If the employer fails to pay social insurance, pay labor remuneration, or provide labor protection or working conditions in a timely manner, the employee may terminate the labor contract, and the employer shall pay economic compensation. According to Article 37 of the Labor Contract Law, an employee may terminate an employment contract by giving 30 days' written notice to the employer. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.
1. Whether there is any compensation for the employee's resignation. Legal Analysis: Generally, employees who voluntarily resign do not need compensation.
However, if the employer violates the law, such as arrears of wages to the employee, failure to pay social insurance to the employee, and if the employee resigns at this time, the employer is required to compensate the employee for financial compensation. In principle, employees should submit a written resignation report to the Personnel Administration Department 30 days in advance and receive a Resignation Form. Human Resources Department and; The administration department should conduct a resignation interview with the departing employee to understand the reason for his resignation and make a record.
The department assistant of the departing employee takes back the work permit, employee handbook, work clothes and office supplies from the departing employee, and the assistant signs and confirms after confirmation. The Finance Department should check whether there is any financial default (including loan and travel expense reimbursement) between the departing employee and the company. If there is a default, it should be repaid on the spot.
If there is no breach of contract, the Finance Department shall sign the resignation formalities for confirmation.
3. After the resigning employee obtains all the required signatures on the resignation procedure form, the Human Resources Department and; The Administration Department will issue a decision to the employee to terminate the employment contract with xx. The Ministry of Personnel Administration arranges personnel to go through the formalities for termination of labor relations with the unemployment insurance agency for the record; Terminate the social security relationship between the employee and the social security institution according to the record review opinion; At the same time, the provident fund of departing employees will be sealed. If the resigned employee needs to transfer the provident fund, the Human Resources Department and; The Administration Department makes transfers based on the new account it provides.
If it needs to be picked, it is up to the employee to dispose of it.
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When resigning to the company, the company should first submit a written resignation 30 days in advance, and should do the handover work with the relevant personnel of the company, if the company does not approve, you can report to the labor department.
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You can take the initiative to go to the labor bureau to solve the problem, so as to get a clear solution, and the other party has no right to do so. As long as you follow the regular process, you should let go of the staff and miss the work.
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I don't think you should resign, just go back to work, you yourself said that it was because of a little thing, and you must have a pattern and vision to be a person.
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The normal procedure is 1 month, and 1 month after submitting the resignation report, I don't have any authority to speak, but this is what those barristers said.
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You can't deduct last month's salary or withhold his documents, and if there is evidence that he has caused financial losses to the company, you can sue him!
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What was the severance clause when your contract was signed?
If there is no contract, then don't sue, because there is no labor contract, and the company violated the law first. If there is a contract, it is determined according to the terms of the contract. However, wages and documents must not be deducted, which is also a violation of labor law.
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When an employee leaves, the company has no right to stop it, let alone withhold the certificate.
The resignation behavior supported by the law is to submit the resignation report one month in advance, that is, to apply for resignation, and you can leave after one month, it has nothing to do with whether you approve it or not, no matter how much your company needs him, as long as he goes through this procedure, it is legal, legal support, national protection, whether you deduct wages or documents are illegal, he can go to the labor bureau to apply for labor arbitration, enforce the resignation, and then claim, if you maliciously deduct documents and other illegal acts, then the company has to pay a fine.
As for the loss of your company, the individual only has one compensation for liquidated damages to follow, if there is no mention of liquidated damages in your original contract, then it is safe to say that he does not have to pay anything.
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1: Without approval, if the employee leaves the job without authorization and does not come to work, does our company have the right to withhold his salary for the previous month? If the employee has reached the time specified in the resignation report, he does not need the company's consent, and he needs to notify the company to leave the company.
The company cannot withhold wages.
2: Is he obliged to compensate my company for economic losses? If he does not use the prescribed time to advance, he can make a claim against the employee.
However, if you leave the company according to the regulations, you are not obliged to compensate the company for financial losses. The standard of compensation shall be in accordance with the contract.
Three: Can his documents be withheld? Employees cannot be detained for any property, including documents, wages. Otherwise, you're asking for trouble.
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Summary. Hello dear! 1. Employees can negotiate with the company first; 2. If the negotiation fails, the company can file a labor dispute arbitration or apply for labor security supervision to require the company to fulfill its statutory obligations.
Under normal circumstances, an employee may terminate the employment contract by notifying the employer in writing 30 days in advance.
What should I do if I propose to resign due to the company's reasons and the company does not approve it?
Hello dear! 1. Employees can negotiate with the company first; 2. If the negotiation fails, the company can file a labor dispute arbitration or apply for labor security supervision to require the company to fulfill its statutory obligations. Under normal circumstances, an employee may terminate the employment contract by notifying the employer in writing 30 days in advance.
Just started work in the past two days, and the unit said that the work is not full, let us take a vacation, I want to leave the law illegally.
1. It is not illegal for the company to take compulsory vacations. Although the company's holiday should consider the wishes of the employee himself, if the employer pays the normal salary within one month after the mandatory annual leave due to the suspension of work and production, and then pays the living allowance according to the standard stipulated by the local ** when the employee continues to take leave, it is not illegal.
2. Legal basis: Article 12 of the Interim Provisions on Payment of Wages stipulates that if the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
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When you leave your job, don't say it's the company's reason. It is easy to cause annoyance to the hemp cherry shed section of his resignation. Generally speaking, it is more convenient to operate simply, and it can be directly said that it is your own personal reasons.
For example, the direction of personal career development. If you want to move, you want to leave the city, you want to go back to your hometown, you want to take the public entrance examination, etc., these reasons that have nothing to do with the company are all reasons that the leaders of the Gongzhi Reputation Division will not feel disgusted and are more willing to accept and accept it.
Don't think about it, you have to vent when you leave your job. It's good to get together and disperse, and then you want the company to help you transfer the social security provident fund and the like, don't make it too ugly.
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Hope you understand!
1: Nowadays, many companies think that employees must write a resignation application when they resign, and they must be approved by the unit, otherwise they cannot resign, but this is actually a misunderstanding. Not true.
2: The Labor Contract Law stipulates that an employee only needs to notify the employer in writing 30 days in advance of the resignation, and there is no need for the approval or consent of the unit.
3: If the employee is unilaterally terminated, the employer should go through the resignation procedures for the employee in a timely manner, otherwise it will bear adverse legal consequences.
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After one month, ask the unit to provide a letter of disagreement. In this way, you can solve the problem, and then you can go to the labor inspection department to sue the unit and ask the unit to go through the corresponding resignation procedures for you. If the employer does not give the letter of consent or not, you can go directly to the labor bureau and sue the employer.
You can apply directly, and you can also apply through your own family members, for example, your wife is in a different place and wants to be with her, so you have to resign. Sometimes it's useless to talk about dreams, morality and feelings in the workplace, and it's still selfish to be a person. >>>More
30 days' written notice is sufficient, and remember to settle the salary clearly. This is the most formal process, but you should always make sure that your supervisor receives your written notice.
Why quit, if you quit because you are pregnant, your company will be happy.
Here are a few suggestions:
Come straight to the point. Explain that you have accepted another job or other reason for leaving. Be sure to name your last working day. >>>More
1.If you resign during the probationary period, you may terminate the labor contract by notifying the employer three days in advance according to the provisions of the Labor Contract Law, with reference to the Labor Contract Law >>>More