Hello, I would like to ask, is it legal not to be able to resign without doing it for three months

You can quit at any time. If you are still on probation, you can leave after submitting your resignation report, and the company will settle your salary!

Summary. Hello! Kiss.

It is not legal for the company to stipulate that it is necessary to resign after three months. This is because the Labor Law does not stipulate that an employee must give advance notice or wait for a specific period of time before resigning. However, if there is a relevant agreement in the employment contract signed between you and the company, if you need to notify the company one month or three months in advance, then you can do it according to the agreement.

Hello! Kiss. It is illegal for the company to stipulate that it is necessary to resign after three months.

This is because the Labor Law does not stipulate that an employee must give advance notice or wait for a specific period of time before resigning. However, if there is a relevant agreement in the labor contract signed between you and the company, if you need to notify the company one month or three months in advance, then you can do it according to the agreement.

Legal basis: The employment relationship between the employee and the employer is protected by the Labor Law of the People's Republic of China and other relevant laws and regulations. Regarding the issue of resignation, the Labor Code provides for the following:

1.The employee may agree with the employer to terminate the labor contract in advance, but shall inform the employer in advance of the notice and pay liquidated damages in accordance with the provisions of the labor contract or through negotiation. 2.

If an employee leaves the job without the consent of the employer, the employer has the right to claim compensation for the economic losses caused.

He just wouldn't let me go.

Thirty days' written notice is sufficient.

What is the written form.

It's a letter of resignation.

Thirty days in advance is fine.

When I sent him a message, he didn't reply, and he said in person that it would take three months, and he didn't pay attention to how to write his resignation letter.

Kiss, you don't need him to pay attention to you. You can inform him.

Write it and then give it to him.

Or what, do you want to take a picture or not.

You can write one to him.

You can take a photo and keep one of them.

If it is not recognized, it will apply for labor arbitration.

Legal analysis: If an employee voluntarily requests to resign, he or she must apply in writing one month in advance, and if the employer violates the law, the employee shall complain to the labor inspection brigade or apply for labor arbitration to claim his rights and interests.

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

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of 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.

Summary. Employees can be dismissed during the probationary period.

Can an employee resign if he has not done it for three months?

Hello, I am Mr. Chen Lei, a cooperative lawyer of LegalPro Platform, and I am very happy to serve you.

Hello, I am Mr. Chen Lei, a cooperative lawyer of LegalPro Platform, and I am very happy to serve you.

Hello! Employees can be dismissed during the probationary period.

Employees can resign with 30 days' notice.

If a temporary worker fails to leave in the middle of the specified time, it is legal to deduct the training fee and material wear and tear fee.

No contract was signed.

The other party may go to arbitration after deducting wages.

If you can prove that it is an employment relationship, you should be able to claim compensation for breach of contract, training fees and material wear and tear costs.

When I came to do it, I made it clear to them, to do it at the end of August, if you don't do it halfway, you will have to deduct the training fee and material wear and tear fee, because there is no written contract, so if you count it according to the labor contract, you can't deduct it.

But I have surveillance in the store, and there are other employees who can be honest and explain it clearly to them.

It is sufficient for you to assert that it is not an employment relationship, but an employment relationship.

What is the meaning? I didn't get it.

You are entitled to deduct the payment, but only if it is an employment relationship.

Monitoring and store staff can be clear not.

OK.

Legal Analysis: 1. What should I do if I am not allowed to resign after three months?

Employees who have been employed for less than three months in China can resign 30 days after submitting a written resignation application report to the employer, and employees who are in the probationary period can resign after only 3 days' notice to the employer.

2. What should I do if I resign and do not go through the formalities.

1. If the employee voluntarily resigns, the unit needs to mail the information of the employee or the certificate of termination of labor relations to the employee's residence, if it cannot be delivered to the employee himself or no one signs for it, the news that the employee has left can be publicized on a public platform such as newspapers.

2. Regarding the resignation of the employee, the employer shall go through the resignation procedures, and if the resignation is proposed by the employee himself, the employer shall issue a resignation certificate to the employee. The resignation certificate is used to prove the termination of the employee's employment relationship with the original employer, and is used for the second employment of the employee for review by the new employer. Some employees resign and need to issue a resignation certificate from the original employer, so the employing unit has the obligation to issue a resignation certificate for them.

3. If the employee does not say goodbye, the employer shall deal with it as absenteeism; The employer may terminate the labor contract if the prescribed time limit for absenteeism is exceeded.

The company also needs to pay salaries on time, and regular employees only need to be notified 30 days in advance, preferably in writing.

Legal basis: Labor Contract Law

Article 36 [Termination of Labor Contract through Negotiation] The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 17 [Termination of Labor Contract by Advance Notice] An employee 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.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.