I wanted to resign, but the company wouldn t let me go and ask a certified lawyer for an answer

No, you have to submit a resignation application, paper version and electronic version, the electronic version is submitted with the company's mailbox, and then from 1 month after the submission belongs to the handover, 1 month to work, if you don't let you go, you can go to arbitration, he does not sign a contract with you itself is illegal, and if he does not recruit people for the rest of his life, he will not be able to leave for a lifetime, the law will obviously not support him. And the salary has to be given to you.

If the company refuses to let you go, the labor contract can be terminated as long as 30 days after submitting the resignation application. If the employer threatens to pay wages on the grounds of refusal to pay wages, it can directly report to the labor inspection department, which is already an illegal act, and the labor inspection department can investigate and punish the employer and demand the employer to pay wages and give compensation.

According to 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 a consensus through consultation.

Article 37 A worker 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.

Provisions on labour inspections.

Article 26 of the Regulations on the Supervision of Labor and Social Security: If an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the employee's wages and remuneration, the difference between the worker's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

The above content refers to the Chinese National People's Congress - Labor Contract Law of the People's Republic of China.

1. There are three situations in which an employee proposes to terminate the labor contract (resignation): First, the employee proposes to terminate the labor contract in accordance with the provisions of Article 37, that is, to notify the employer 30 days in advance, without the approval of the employer. However, the employer is not liable for economic compensation; Second, the termination of the labor contract in accordance with the provisions of Article 38 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 service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.

2. Therefore, it is very important to have a legitimate reason for resignation, as long as the reason is legitimate, any employer can not refuse, of course, if there is no legal reason, not only can you not go, you are gone, the unit will also find you trouble, not to mention that you will not get compensation, but you will also be asked to pay liquidated damages, and you will not go through the resignation procedures, which will cause trouble for your future employment. 3. The reasons for resignation are recommended to refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation 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, and not establishing national statutory social insurance for employees on time. 4. What you have to do now is:

First, find a way to get back the resignation report you submitted before as soon as possible, I don't know what you wrote in your resignation report, but the reason for your resignation is very important, if it is not properly written, even arbitration will be unfavorable to you, not to mention that vested interests will be lost. Second, write a new "Notice of Termination of Labor Relationship", the main contents of which are: (first state any one or two of the above-mentioned reasons for resignation), propose to terminate the labor relationship in accordance with the relevant provisions of the Labor Contract Law, request the employer to pay the arrears of wages in full in accordance with the relevant provisions of the Labor Contract Law, pay severance and arrears of wages in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law, and go through the resignation procedures in a timely manner in accordance with the provisions of Article 50 of the Labor Contract Law.

Third, the "notice" must be signed by the unit, and he will be delivered by ** letter or express delivery without signing, so as to ensure that evidence of the delivery of the notice is left. You're good to go. 5. If the employer does not perform its responsibilities according to the above requirements and does not pay the relevant fees, you will directly apply for labor arbitration (no fees, no lawyers) to the local labor administrative department, 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.

Legal analysisVoluntary departure from higher vocational education refers to the employee's failure to perform the termination procedures when the labor relationship is terminated, leaving the post without authorization, or leaving the unit without completing the termination procedures. Employers may treat employees who leave their jobs without authorization as absenteeism and remove them from work.

According to national regulations, employees who voluntarily leave their jobs do not enjoy any treatment (enterprises will have the right to stop renting and continue to pay social security and provident fund for self-departing employees).

Legal basisArticle 31 of the Labor Law of the People's Republic of China An employee shall notify the employer in writing 30 days in advance of the termination of a labor contract. Article 32 of the Labor Law of the People's Republic of China Under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer:

1) During the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

As long as you can prove that you have given 30 days' written notice to the employer, you can terminate the contract. However, it is not an unconditional departure from the unit, and the handover procedures should also be completed. This is also important because if you have a dispute with the employer, the employer can also claim the losses caused to the employer by not completing the handover procedures.

On the contrary, if you unilaterally terminate the contract in accordance with the law, and the employer does not accept your handover procedures and refuses to go through the relevant procedures for resignation, you can claim the losses caused to you.

Please refer to the following legal provisions:

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.

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.

Implementation of Several Provisions of the Social Insurance Law of the People's Republic of China

Article 19 Where an employer refuses to issue a certificate of termination or dissolution of labor relations to an employee when terminating or dissolving a labor contract, resulting in the employee being unable to enjoy social insurance benefits, the employer shall be liable for compensation in accordance with law.

2. The expiration of the labor contract is a natural termination of the labor contract, not a termination of the labor contract, as long as there is no provision in the contract that the employee needs to be notified in advance, the employee has no obligation to notify the employer 30 days in advance.

3. This is because the employer itself has not managed the labor contract in place, and the employer itself has the responsibility to consult the employee in advance whether to renew the labor contract, and if the employee is unwilling to renew, the employer can arrange the work handover in advance.

4. Now that the labor contract has expired and the contract has been terminated naturally, you no longer belong to the unit, as long as you go through the resignation procedures. If the employer does not go through the resignation procedures, it is illegal, and you can appeal to the labor department to protect your rights.

The resignation company does not approve? Do these three points, and the leader will let you go immediately.

If the employee resigns and the company does not let him go and does not pay his salary, he or she can file a complaint with the local labor department.

In this case, you can submit a resignation request in advance, and then you can automatically leave the company within a month. If the company doesn't give it, you can go to the local labor department and complain about them.

It's not that I won't let you go, it's that I want to save your last salary. If there is better development, what do you care about that little dime? In addition, you can also ask the boss for that money.

Submit your written resignation one month in advance, and you can leave after a month. A letter of resignation is a notice, not an application. You have to write a letter of resignation, and if you don't pay your salary after one month, you go to the labor bureau to sue the company.

It's right to resign from the company and not let you go, because the first time he will definitely not let you go, the second time he has already started to recruit people, and when you say it for the third time, it will definitely let you go, because he has already hired people.

If the company won't let you go, it depends on how he does it, if he gives you a salary increase or other benefits for you, it depends on how you think about it. Isn't it? If he wants to keep you, you can only keep you if you are still a talent, and if you are not motivated to do your job, or for other reasons, he will definitely not keep you.

If you want to resign, the factory company doesn't want you to leave, then you can take that kind of absenteeism, that is, not to come to work for a long time, which creates a natural dismissal relationship, I think the company will also let you go, if there is still something you have something to pressure on him, you should explain these things as soon as possible, and like you want to come back directly.

If you want to resign from the company and don't want you to leave, I think as long as you follow the company's process and explain your personal reasons to the company, I don't think this is much of a problem at all.

What should I do if I want to resign and the company won't let me go? I don't always appreciate your work, so the boss doesn't want you to go, so let you work hard here, and the boss gives you a raise.

If the company does not settle your salary and some other expenses, then you will directly go to the labor bureau to apply for labor arbitration, and ask you to return the money you should give. It doesn't have much to do with you and me, as long as you follow this process, it's all over.

How many months will the company deduct your salary, if it's only one month, I think it's a little more resolute, don't want that month's salary, if it's more than three months, then go to the local labor arbitration to sue.

Understand the labor law, as long as you resign and submit the resignation letter one month in advance, the company must accept it.

If you want to resign, the company won't let you go, which means that you are still useful, and you can't do without you, so you don't want to go. You can make a few requests to the company, and the company will meet you, and the company will retain you and agree to your request. Continue to contribute to the company with your ingenuity.

It depends on whether you want to leave or not, if you really want to quit, no one can keep you, just write a resignation report a month in advance.

According to the labor law, you don't care whether you approve or not, you submit the resignation report one month in advance, and after one month, regardless of whether the company approves it or not, the resignation is also established, the labor law is to protect the laborer, not to allow forced labor, the principle of voluntary work, and there are other circumstances that can be arbitrated by the labor bureau.

If you want to resign, the company will not let you go, you can only find out whether the company is at fault according to the Labor Law, you can resign directly if you are at fault, and the company has to compensate, there is no fault, only one month in advance to submit the resignation report, you can leave directly when the time comes, the company is no reason to forcibly keep people.

You have to tell the company 30 days in advance that you are leaving. Then you can leave your job, and if the company does not let you leave or there are other obstacles, you can apply for labor arbitration.

Legal analysis: It is illegal for the company to not let you go without paying wages after resigning. The law clearly stipulates that wages shall be paid to the worker on a monthly basis in the form of a co-ordinated currency.

Wages shall not be deducted or unjustifiably delayed. If the employer withholds or defaults on the employee's wages without reason, the labor administrative department shall order the employee to pay the employee's wages and remuneration.

Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the wages and remuneration and economic compensation of the worker, and may order the payment of compensation: (1) Withholding or arrears of wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

If the employee resigns, the employer has no right to refuse. The employee only fulfills the obligation of 1 notice and can leave when it expires.

1. There are three situations in which an individual proposes to resign:

1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require the approval of the employer to resign. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, the employer may claim to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

2. The employee can mail the notice of termination of the labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay the employee's wages or does not go through the resignation procedures for the employee, it may apply for labor arbitration to resolve the issue;

"Labor Contract Law!