2015 What should I do if the labor dispatch worker resigns from the employer?

The employee may terminate the labor contract by mailing the notice of termination of the labor relationship to the employer by courier or ** letter 30 days in advance of the probationary period.

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. The employee may apply for arbitration at the labor and personnel dispute arbitration commission where the employer is located or where the labor contract is performed. To apply for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license when filing the case.

Labor Contract Law

Article 36 The employer and the worker 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.

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 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.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

Here's how to quit your job as a labor dispatcher:

1. If the resignation of labor dispatch is submitted to the dispatch company, the dispatch company shall be notified in writing 30 days in advance;

2. The dispatch company shall promptly notify the employing unit and handle the handover procedures for the dispatched employees;

3. At the time of resignation, the dispatching unit shall settle the salary and related expenses and issue a certificate of termination of the contract;

4. According to the relevant laws and regulations, the dispatched worker may terminate the labor contract by notifying the labor dispatch unit in writing 30 days in advance. The dispatched worker may terminate the labor contract by notifying the labor dispatch unit 3 days in advance during the probationary period. The labor dispatch entity shall promptly inform the employing unit of the termination of the labor contract by notifying the dispatched worker.

Legal basisInterim Provisions on Labor Dispatch".

Article 14 A dispatched worker may terminate the labor contract by notifying the labor dispatch unit in writing 30 days in advance. The dispatched worker may terminate the labor contract by notifying the labor dispatch unit 3 days in advance during the probationary period. The labor dispatch entity shall promptly inform the employing unit of the termination of the labor contract by notifying the dispatched worker.

Article 15 If a dispatched worker is returned by the employing unit due to the provisions of Article 12 of these Regulations, and the labor dispatch unit maintains or increases the conditions agreed in the labor contract when re-dispatching, and the dispatched worker does not agree, the labor dispatch unit may terminate the labor contract. If the dispatched worker is returned by the employer due to the provisions of Article 12 of these Provisions, and the labor dispatch unit lowers the terms and conditions of the labor contract when re-dispatching, and the dispatched worker does not agree, the labor dispatch unit shall not terminate the labor contract. However, the dispatched worker shall not be subject to the request to terminate the labor contract.

Article 16 Where a labor dispatch unit is declared bankrupt in accordance with law, its business license revoked, ordered to close down, revoked, or decided to dissolve ahead of schedule, or if it does not continue to operate after the expiration of its business period, the labor contract shall be terminated. The employer shall negotiate with the labor dispatch unit to properly resettle the dispatched workers. Article 17 Where a labor dispatch entity dissolves or terminates a labor contract with a dispatched worker due to the circumstances specified in Article 46 of the Labor Contract Law or Articles 10, 5 and 16 of these Regulations, it shall pay economic compensation to the dispatched worker in accordance with law.

Wrong application of law! Article 65 of the Labor Contract Law does not stipulate that dispatched workers have the right to terminate the pre-employment contract under Article 37, that is, they cannot resign freely, and even if they want to resign, they can only submit to the dispatch company. Therefore, even if you want to resign and terminate the labor relationship, you can directly mail a notice of remorse and promotion to the dispatched worker, indicating that the termination of the labor relationship is ...... in accordance with Article 38 of the Labor Contract LawDon't go through any resignation procedures, it's all a routine for workers.