What should I do if an employee voluntarily leaves the company but has not submitted a resignation r

They have all left automatically, how can they return to the company? Even if you leave your job voluntarily, the relevant procedures of the company should be in place. Generally, voluntary resignation refers to the termination of the employment relationship by the company on the grounds that the employee is absent from work for more than a certain period of time.

According to the second paragraph of Article 39 of the Labor Contract Law, "the employer may terminate the labor contract if the employee falls under any of the following circumstances: (2) the employee seriously violates the rules and regulations of the employer". Although the handling of voluntary resignation is in accordance with national laws and regulations, the employer must fulfill its obligation to inform the employee himself (generally preferably with his or her own confirmation signature, or in the case of refusal, the notifier shall sign a note).

In addition, the landlord mentioned that the employee privately used the official seal to sign contracts with others to seek huge profits, which met the circumstances of paragraph 3 of Article 39 of the Labor Contract Law: (3) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the employer. The employee's practice has violated the Civil Procedure Law, and the signed labor contract should be deemed invalid, and the company can pursue his liability through legal channels, and can consult a legal professional for details.

If the negotiation fails, you can call the police and solve the problem through legal means.

Legal** Leave some evidence warning.

A company can be made like this by an employee. Cups.

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

The employee terminates the labor contract in violation of the law, or violates the confidentiality obligation or non-competition stipulated in the labor contract.

shall be liable for compensation. If an employee resigns without infringing on the company's interests, there is no need to notify in advance, so the employee leaves suddenly, without infringing on the interests, and there is no need to compensate.

Legal basis: Article 102 of the Labor Law of the People's Republic of China Where a worker terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters agreed in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law.

Labor Contract Law of the People's Republic of China Article 90 Where an employee 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, causing losses to the employer, he shall be liable for compensation.

How to deal with sudden resignation of employees: Employees should go through the resignation procedures with the company and discuss matters such as resignation wages; If an employee resigns, illegally terminates the labor contract, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, and causes losses to the employer, the employer shall be liable for compensation. If there is no infringement of interests, there is no compensation.

The voluntary resignation of an employee will put the employer in an extremely passive position, such as the sudden interruption of the employee's work, the failure to hand over various items and documents, etc.

If it fails to take measures such as fixing evidence and issuing a notice of termination of the labor contract in a timely manner, the employer will still bear the employment risk if the labor contract relationship continues, and the employer must still bear the corresponding liability in the event of an accident such as the accidental death of an employee. 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.

Labor Contract Law of the People's Republic of China

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation. Article 38 An employee 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 provided for 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 directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Summary. Hello, it is recommended to make it clear to the employee that the resignation needs to comply with the provisions of the labor contract law, and if the employee leaves suddenly, it is necessary to send a notice to the employee in time and ask to return to the company to go through the resignation procedures.

Hello, it is recommended to talk to employees to make it clear that resignation needs to comply with the provisions of the Labor Contract Law, if the employee suddenly leaves and leaves, it is necessary to send a notice to the employee in time and ask to go back to the company to go through the resignation procedures.

Those who do not return to the company within the time limit shall be deemed to have left since their own departure in accordance with the provisions on absenteeism, and the labor relationship shall be automatically terminated, and it shall be stated that all the consequences that occur since the date of resignation shall be borne by themselves.

If the sudden resignation causes losses to the company, notify the employee to bear the assessment and compensation for the loss.

The act of sudden resignation shall be dealt with in the following ways: The act of sudden resignation of the employee is an act of illegal termination of the labor contract. According to the law, if an employee terminates a labor contract in violation of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

The employer has the right to pursue legal liability for employees who leave their jobs suddenly.

The Labor Contract Law was sentenced to hail.

Article 90. If an employee 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, causing losses to the employer, he shall be liable for compensation.

Labor Contract Law

Article 91.

If an employer recruits a worker who has not yet terminated or terminated the labor contract with another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

China's Labor Contract Law stipulates that 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. According to the above provisions, after the employee submits an application for resignation, the employer has the right to require the employee to continue working for 30 days, one of the reasons is to reserve a certain amount of time for the handover between the employee and the employer.

According to Article 90 of the Labor Contract Law, if an employee terminates a labor contract without performing the obligation of advance notice, and causes losses to the employer, he shall be liable for compensation. Therefore, the employer has the right to pursue the legal responsibility of the employee who "flashes away". Article 3 of the Labor Contract Law of the People's Republic of China The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus and good faith.

The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

1. How to deal with the sudden resignation of employees: Employees should go through the resignation procedures with the company and discuss the resignation salary and other matters; If an employee resigns, illegally terminates the labor contract, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, and causes losses to the employer, the employer shall be liable for compensation. If there is no infringement of interests, there is no compensation.

2. Legal basis:

Article 90 of the Labor Contract Law provides that if an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.

Article 102 of the Labor Law stipulates that if an employee terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters stipulated in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law.

How can an employee receive unemployment benefits if he or she resigns?

After resigning, the employee should prepare the application materials to the local social insurance agency to apply for unemployment benefits, which will be paid from the unemployment insurance of the unemployed person himself, and the unemployment insurance benefits must meet the conditions before they can receive them.

An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**: the employer and himself have paid unemployment insurance premiums for one year before becoming unemployed; Interruption of employment not due to the person's will; Have been registered as unemployed and have a request to seek employment.