What to do if the employee does not resign 30 days in advance, and the employee does not resign 30 d

Submit your resignation report 30 days in advance and be on the job for 30 days. The reply of the General Office of the Ministry of Labor on issues related to the termination of labor contracts by employees clearly states that according to Article 31 of the Labor Law, "an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract".

The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract. The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer. After 30 days, if the employee submits to the employer to go through the formalities for terminating the labor contract, the employer shall handle it.

If the employee fails to terminate the labor contract 30 days in advance, the employer may not go through the termination procedures if the conditions for terminating the labor contract are not fulfilled. If you are not on the job before resignation, the employer may still terminate the employment relationship with you on the grounds of continuous absenteeism in accordance with the rules and regulations of the enterprise and the provisions of the Labor Law. Evidence of any written resignation report should be retained.

In the event of a dispute with the employer, it is important to support your claim with evidence. Therefore, it is recommended that employees submit their resignation report by express mail or letter, and write the name of the document on the express mail or letter, and write the reasons for the statutory termination of labor relations in the reminder column of the express mail or letter, such as arrears of wages, deduction of overtime pay, failure to pay social security, etc. Consider whether you need to pay liquidated damages and the amount to the employer if you terminate the contract early.

Regardless of whether the employee terminates the labor contract illegally or not, as long as the early termination of the contract causes economic losses to the employer, he shall be liable for compensation in accordance with the provisions of the relevant laws, regulations, rules and the provisions of the labor contract. Specifically, it includes the following losses: the expenses paid by the unit for recruitment; If the employer pays for the training fee for it, it shall be handled as agreed by both parties; direct economic losses caused by production, operation and work; Other compensation expenses as stipulated in the labor contract.

If an employee violates the confidentiality matters stipulated in the labor contract and causes economic losses to the employer, the employer shall pay compensation in accordance with Article 20 of the Anti-Unfair Competition Law. However, if an employer recruits a worker who has not terminated the labor contract and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation.

Hope it solves your problem.

There is no legal liability, but it may deduct your salary. It doesn't really matter.

Legal analysis: If an employee fails to resign 30 days in advance and causes losses to the employer, he or she shall be liable for compensation.

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

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 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract for closed travel, causing losses to the employer, he shall be liable for compensation to the employer.

1. How to deal with employees who resign 30 days in advance.

1. If the employee leaves the company 30 days in advance, if the employee terminates the contract with the unit in violation of the law and causes losses to the unit, he shall be liable for compensation; However, if the employee does not terminate the contract with the employer by legal means such as consensus despite not 30 days in advance, both parties can go through the resignation procedures in accordance with the law, and the employee does not need to compensate the employer.

2. Legal basis:

Article 36 of the Labor Contract Law of the People's Republic of China.

The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

2. How to deal with the sudden resignation of employees.

Voluntary resignation refers to the situation in which an employee does not perform the labor contract and no longer goes to work without consulting with the employer or notifying the employer one month in advance.

The voluntary resignation of an employee will put the employer in a very passive position, such as the employee is suddenly interrupted from the work of Qizishi, and various items and documents are not handed over, etc. At the same time, if measures such as fixing evidence and issuing a notice of termination of the labor contract are not taken in a timely manner, the employer still bears the employment risk when the labor contract relationship continues, and in the event of an unexpected situation such as the accidental death of an employee, the employer must still bear the corresponding responsibility. What is even more serious is that in practice, there have been cases in which individual employees have claimed that the employer has illegally terminated the labor contract after voluntarily leaving the company, and the employer has no excuse and pays compensation.