What should I do if the company does not give resignation, and what should I do if the company does

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 (if you have submitted it) 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 written properly, 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.

According to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings and Article 6 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, the main responsibility for presenting evidence in labor dispute cases lies with the employer, and the employer will be ordered to present relevant evidence, so you don't have to worry.

After the labor contract is signed, the resignation is submitted one month in advance under normal circumstances, and the resignation can be carried out after the approval of the leadership, and if the company maliciously does not approve, you can appeal to the labor bureau.

Find a hospital to issue a certificate that you can't go to work for a few months, and then go to the company, and the problem will be solved. The people in the company understand the reasoning, so I won't say more.

Legal Analysis: Resignation does not require company approval, so it is useless not to let go. If an employee who needs to resign is a formal employee, he or she may terminate the labor contract by notifying the employer in writing 30 days in advance, without the consent of the employer.

If the employment contract is terminated within the probationary period, the employment contract can be terminated by giving only three days' notice to the employer.

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

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.

Summary. Hello dear, professional analysis companies do not allow resignation can apply for resignation on their own, and the company's consent is not required. In the case of agreement between the employer and the individual, the labor contract can be terminated directly.

If the employer refuses to allow the resignation, the individual may terminate the employment contract by giving 30 days' written notice to the employer. If you are an intern, you can terminate the employment contract by giving three days' notice to the employer. The employer cannot force the employee not to leave the job, and the individual is not restricted by the company if he wants to leave the job.

Hello dear dear, professional analysis companies do not allow resignation can apply for resignation on their own, and do not require the consent of the company. In the case of negotiation between the employer and the individual, the labor contract may be terminated directly or directly. If the employer refuses to allow the resignation, the individual may terminate the employment contract by giving 30 days' written notice to the employer.

If you are an intern, you can terminate the employment contract by giving three days' notice to the employer. The employer cannot force the employee not to leave the job, and if the individual wants to leave the company, he or she is not restricted by the company.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China may terminate the labor contract if the employee notifies 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 trial period.

He can also file his own initiative if he refuses to resign.

30 days in advance.

You've got that <>

Thank you for understanding.

Good kiss and good luck.

I said it a month in advance, so what if I leave and the company doesn't agree to not pay me with my last month's salary?

Then you can file a complaint with the Human Resources and Social Security Bureau, because you have already remembered to inform 30 days in advance.

They no longer have the right to deduct wages.

At the same time, employees can file a complaint with the labor administrative department or directly apply for labor arbitration.