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Legal analysis: If you submit your resignation letter one month in advance, you can leave a month later even if the company does not agree and the leader does not approve. Of course, you will need to keep the resignation certificate you submitted, which can prove that you submitted it a month ago.
Legal basis
Article 31 of the Labor Law of the People's Republic of China A worker who terminates a labor contract shall notify the employer in writing 30 days in advance. Employees who resign must submit a written application for resignation to the company 30 days in advance. After the expiration of the term, you can leave your job.
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The key is that the resignation letter must be signed by someone to sign for the resignation letter as a proof of termination of the labor contract in accordance with the law, and the resignation letter should be signed by the leader, and anything can be written, even if you do not agree to resign. Keep a copy for yourself after signing. When submitting a written resignation letter, make a recording of the on-site conversation, and try to induce the boss to say things that can be used as evidence, such as not approving the resignation.
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If the resignation is not approved by the company for one month, if the resignation report is submitted to the company in writing, it can be resigned after one month, without the approval of the company. If there is no written contemporaneous company, you need to notify the company in writing again that you want to resign, and then you can leave your job after 30 days, without the approval of the company.
What should I do if I resigned for a month and the company does not approve it.
If the resignation is not approved by the company for one month, if the resignation report is submitted to the company in writing, it can be resigned after one month, without the approval of the company. If there is no written contemporaneous company, you need to re-notify the company in writing that the company wants to resign, and then wait for 30 days to resign on your own, without the approval of the company.
Is it legal for the company to submit a resignation letter?
If the resignation is handed in, the company's approval will not affect the employee's resignation. According to Article 37 of the Labor Contract Law, an employee may terminate an employment 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.
Can you leave directly if you resign a month in advance and don't approve it?
OK. According to the relevant laws of the People's Republic of China, if the employee notifies the employer 30 days in advance to terminate the labor contract, if the employer does not approve it, the labor contract will be automatically terminated and the employee may not go to work. Article 37 of the Labor Contract Law of the People's Republic of China stipulates:
The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.
How to deal with resignation during the probationary period.
The labor contract may be terminated by notifying the employer three days in advance during the probationary period. According to Article 37 of the Labor Contract Law, an employee may terminate the employee 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.
Whether the resignation application can be resigned after one month of rejection by the leader.
1. If you submit an application for resignation, the leader will not approve it, and you can leave your post after one month. 2. 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 three days in advance during the probationary period.
Even if the head of the unit does not sign for approval, he or she may leave the original unit after the expiration of the notice period. If the employer fails to perform the relevant formalities in accordance with the law, it may initiate labor dispute arbitration, or it may apply for labor security supervision to require the unit to perform its statutory obligations.
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The standard process for resignation is that you have to wait 30 days before you can leave the company. But there are a few special cases. First of all, employees who have not yet passed the probationary period, if they need to resign, they only need to resign three days in advance, instead of waiting for a month.
There is also an employee whose contract expires, and if you don't renew your contract, you can leave the company as long as the contract expires. There is also a special situation, that is, you can discuss with your boss, as long as he agrees, you can change the time of resignation to one month ago, and you can resign and leave immediately. In the above special circumstances, Min Shi can resign and leave before taking the rough position, and there is no need to wait for a month.
Thank you for your support!
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According to the regulations, the employee should notify the employer in writing 30 days in advance, and the contract can only be terminated at that time.
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