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The resignation report written by oneself is valid as long as there is evidence to prove that it is handed over to one's superiors or the company's personnel department. Otherwise, if there is no evidence to prove that the resignation application has been submitted, it will not be possible to determine whether it has taken effect.
If an employee has a dispute with the employer due to resignation, he or she can apply for labor arbitration to protect his rights.
In accordance with the Labor Contract Law
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 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.
Interim Regulations on the Payment of Wages
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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As far as you are concerned, the narrative is as follows:
1. It is stipulated by law for the employee to write a resignation report and submit it to the employer in accordance with the law, and his behavior is protected by law.
Article 31 of the Labor Law The employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.
Article 37 of the Labor Contract Law The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period.
2. There is a lack of evidence to support your narrative facts, and in a word, there is no basis for your words. Please use the evidence to tell the truth of your doubts. **12333 is the national unified labor and social security supervision agency for consultation, reporting and complaints**.
3. If you want to resign, you should resign according to the law, and the resignation procedure according to law is as follows:
If you want to resign, you only need to submit your resignation report in writing to the labor and personnel department of the factory 30 days in advance. If you continue to work for 30 days, you can stop working on the 31st day, and you have the right to request the factory to go through the formalities of resignation, which the factory should handle (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your wages in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of termination of the labor contract (Article 50 of the Labor Contract Law), otherwise the factory will be illegal.
4. You should hurry up and ask the factory for the processing documents of 1,200 yuan for the deduction of wages, otherwise you should immediately report or complain in writing to the local labor and social security inspection brigade.
Article 9 of the Regulations on the Supervision of Labor and Social Security Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security.
The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.
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**Buy two bottles and look for an opportunity to look at your team leader's face outside, it's very ecstatic.
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At that time, they told you that no matter if she tore it up or threw it away, as long as you did it for a month, you could leave, and you did what they said, and now you don't pay your salary, of course, go to them, and the clerk can't solve it, and find the director, as long as the resignation report you submitted in the labor bureau is in and you are sure to do what the labor bureau says, go to them.
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It's just bullying, and the labor contract doesn't specifically state that one month in advance.
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Summary. Dear, I'm glad to answer your resignation report without writing a resignation period.
Is it okay to leave the resignation report without the date of resignation?
Dear, I'm glad to answer your resignation report without writing a resignation period.
The resignation application is not valid for the RI period, as long as it can be proved that the time of submission can be proven. According to the law, a resignation application is valid as long as it is issued voluntarily by an individual and the content does not violate the law or infringe on the rights and interests of others. If the employee wants to terminate the labor contract, he or she shall notify the employer in writing 30 days in advance.
Legal basis: Article 36 of the Labor Contract Law stipulates that an employer and an employee may terminate a 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 employment contract by notifying the employer three days in advance during the probationary period.
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Summary. Hello, the resignation report is invalid if the date is not written.
Hello, the resignation report is invalid if the date is not written.
The resignation report is not valid if it must be issued by the unit, and the resignation can be done normally if the company does not provide it. The resignation application only needs to state the reason for the resignation and the date of resignation, because with the resignation statement, the employment contract can be terminated. The law does not require the use of the employer's application, and you can legally resign if you give 30 days' written notice to the employer.
Article 37 of the Labor Contract Law stipulates that an employee may terminate the labor contract by notifying the employer in writing 30 days in advance. If the employee notifies the employer three days before the probationary period, the employee may terminate the labor contract.
That is, this resignation report is invalid, right?
Yes, the resignation report is not valid.
Then I just checked it, and some said it was effective.
If it is invalid, it is necessary to have a reason and a date if it is valid.
Because the boss asked me to resign that day and insisted that I write the reason, I didn't write it because I thought it was wrong, so I wrote the time and date.
If you do need to leave your job, it's generally okay not to write it, but the employer will pursue it.
If that's the case, can I ask him for compensation?
Your resignation report is irregular and you cannot be compensated.
It has no legal effect.
If I want to find the boss to compensate, how to do it.
A certificate of resignation is required, or other proof of employment is required.
It was my boss who asked me to leave.
It's not legal for your boss to ask you to leave your job.
I suggest you gather other proof of employment first.
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