What should I do if my resignation is not approved, my contract is about to expire, and the report h

If your contract expires and the company doesn't renew it, you can just leave, and if you still want to continue working, you can renew it. The resignation report will automatically take effect one month after you submit it, and you can go through the resignation procedures. This is in accordance with the law.

It is recommended that you go to the labor office, but it is better not to go to the labor bureau of the local town, but to go directly to the labor bureau in the city center, because the local district labor bureau may take into account the local economic development and protect the interests of the factory.

If the resignation is not approved during the contract period, if the employee fulfills the obligation of giving notice, the employer still needs to pay the employee labor remuneration, and the employee can leave the job normally. If the employee resigns during the probationary period, he or she can get the salary due by submitting the resignation application 3 days in advance; If a regular employee resigns, he or she can get his due salary by submitting the resignation application 30 days in advance. If an employee resigns without fulfilling the obligation of giving notice, he or she shall compensate the employer for the loss caused to the employer.

Therefore, if the employee wants to resign during the contract period, he or she can leave the company by fulfilling the obligation of advance notice. Even if the employer does not approve it, it will not affect the employee, if the employer deducts wages and refuses to release the employee, the employee can file a labor arbitration to protect his or her legitimate rights and interests.

Article 36 of the Labor Contract Law of the People's Republic of China: 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. During the probationary period, the employee may terminate the contract by notifying the employer three days in advance.

Article 38 A worker 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 specified 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 violates rules and regulations by directing or forcing risky work to endanger the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer of leniency and respect.

As long as the resignation is submitted in person 30 days in advance, you can naturally leave the company after the contract expires without the approval of the company. If the employer refuses to pay wages on this ground, the employee can file a complaint with the local labor inspection department or apply for labor arbitration.

1. Do I need to apply in advance when the contract expires?

The labor contract is sold and terminated when it expires, and there is no need for the employee to write a resignation application in advance.

2. Do I need a resignation certificate when the contract expires?

As long as you leave the company, including if the contract expires and is not renewed, you need to have a certificate of termination of the labor contract.

Article 50 of the Labor Contract Law.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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.

Article 46.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

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) Termination of the 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.

Article 47.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation shall be paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

1. What should I do if my resignation is not approved when the contract expires? If the resignation is not approved by the employer when the contract expires, the resignation report can be submitted one month in advance, and the employer can leave on its own after the expiration date, and if the employer refuses to pay the salary, it can apply for labor arbitration. 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 forces risky work to endanger the employee's personal safety, the employee's voluntary resignation is a termination of the labor relationship in accordance with the provisions of Article 38, Paragraph 2 of the Labor Contract Law, and the employer may be required to pay economic compensation in accordance with Article 46 of the Labor Contract Law.

Article 37 of the Labor Contract Law 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. On the date of expiration, they can leave by themselves.

Submit an application for resignation (with written proof, with time, that is, a resignation letter in the usual sense), you must keep your own bottom, and you must have a signed certificate from your boss, or an email with time can also be used as proof. If you don't need the approval of the leader, as long as the written notice is in place, you can leave when the time is up, and the company wants to settle the work, and you can't deduct wages on this ground. If the company has a violation, the employee can file a complaint with the local labor inspection department or apply for labor arbitration.

After the occurrence of a labor dispute, the parties concerned shall, within 60 days from the date on which they know or should know that their rights have been infringed, apply in writing to the Labor Dispute Adjudication Committee for arbitration. Except where the time limit for applying for arbitration has exceeded the above-mentioned provisions due to force majeure or other legitimate reasons. When a party applies to the arbitration commission for arbitration, it shall submit a statement of claim and submit a copy according to the number of respondents.

The petition shall be written with a pen or signature pen and shall contain the following matters: 1. The name, occupation, address and work unit of the employee; The name and address of the enterprise and the name and position of the legal representative. 2. The claim for arbitration and the facts and reasons on which it is based.

3. Evidence (human witnesses, physical evidence, documentary evidence, audio-visual materials, appraisal materials, records, etc.) or the names and addresses of witnesses. In summary, influenced by many old concepts, many people think that they can leave freely and choose a new job only after the approval of the leader of the unit, in fact, the law requires that every worker can leave directly without the approval of the leader as long as he or she informs the employer in advance and has completed all the statutory resignation procedures.

Legal analysis: After an employee voluntarily proposes to terminate the labor contract with the enterprise, some employees voluntarily leave the company after notifying the employer in writing 30 days later, ignoring the employer's claim for compensation, and the employer does not handle the procedures for the transfer of personnel relations and files, and the personnel relations and files of the employee remain in the original employer for a long time after the employee leaves the company; As a result, employees are unable to apply for labor insurance in their new work units, cannot go through the procedures for political examination abroad, affect the evaluation of technical titles, cannot further their studies and lose the opportunity to apply for the national civil service examination. Therefore, if an employee has a dispute with the employer regarding compensation for losses due to the termination of the labor contract, he or she shall promptly submit the dispute to the labor dispute arbitration commission of the region or county where the employer is located within 60 days.

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