I don t want to do it, I want to resign, what should I do? The salary is still in the hands of other

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, if the labor contract is terminated in accordance with the provisions of Article 38, it is not necessary to terminate the labor contract 30 days in advance or to approve it, and the person can leave immediately.

In addition, the employer must also pay severance of 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. It is recommended that you refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law to put forward the reasons for your resignation, such as:

Failure to sign labor contracts, failure to arrange working hours in accordance with national regulations, failure to pay labor remuneration in full and on time, failure to pay overtime wages for overtime, collection of deposits from workers, failure to establish national statutory social insurance for workers on time, etc. 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 the 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.

Generally, it is only half a month and it is not paid, and if you can't get the salary, you don't want the rest.

Legal analysis: You can give 30 days in advance, and you can leave directly after the 30 days are up. If wages are in arrears, labor arbitration can be initiated.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China stipulates that 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.

The procedure for your resignation is legal. Wages should be settled according to the facts, and for those who are in arrears of wages, they can also request the payment of additional compensation. In addition, if the employer fails to pay social security, the employer is required to pay social insurance, and if the contract is not signed, the employer can also be required to pay double wages, as well as the employer to pay economic compensation, deducted wages, overtime wages and compensation, unemployment insurance money, etc.

If the negotiation fails, it will be resolved by arbitration.

Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall, in accordance with the agreement between the two parties, handle the handover of the work. 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.

According to the relevant laws and regulations, the answer to "what should we do if the company resigns and we don't resign" is as follows: Resignation does not require the approval of the unit, it does not matter whether it is approved or not, the key is to have a certificate of termination of the labor contract in accordance with the law, with evidence, after 30 days (3 days of probation), the company will go through the resignation procedures for you, if the company does not agree, you can go to the labor arbitration institution or the labor inspection team to complain to the company. 1. You can ask the company to give you a signed receipt of the resignation letter 2. You can ask the company to sign the resignation letter or write another copy to the company to sign and keep it yourself 3. Confirm with the company the matter of submitting the resignation letter, do a good job of recording the on-site conversation, and try to induce the boss to say words that can be used as evidence, such as suspending the resignation.

Labor Contract Law of the People's Republic of China

Article 38.

The employee may terminate the 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) Due to this Act.

Labor Contract Law of the People's Republic of China

Article 26.

The labor contract is invalid due to the circumstances specified in the first paragraph;

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 violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.