What should I do if I don t leave my job after quitting my job?

Updated on society 2024-07-23
3 answers
  1. Anonymous users2024-02-13

    Hello, it is recommended that you negotiate with the employer first, and if the negotiation fails, you can go to the local relevant department to apply for arbitration or make a complaint, and the last way is to go to the court to file a lawsuit. Refer to Article 36 of the Labor Contract Law to terminate the labor contract if the employer and the employee 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 labor contract by notifying the employer three days in advance during the probationary period.

    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 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 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.

  2. Anonymous users2024-02-12

    Analysis of the law of legal shooting: resignation does not require the approval of the unit, and it is useless not to resign. If an employee who needs to resign is a formal employee, he or she may terminate the labor contract by notifying the employer in writing 30 days in advance, without the consent of the employer.

    If the probationary period is in, only three days' notice to the employer is required to terminate the employment contract.

    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. During the probationary period, the employee may terminate the contract by notifying the employer three days in advance.

  3. Anonymous users2024-02-11

    If the employer does not give the resignation letter and the order, the employee may go to the local labor inspection department to complain or report. According to the provisions of the Chinese 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.

    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.

Related questions
5 answers2024-07-23

1. There are three situations in which an employee proposes to terminate the labor contract (resignation): First, the employee proposes to terminate the labor contract in accordance with the provisions of Article 37, that is, to notify the employer 30 days in advance, without the approval of the employer. However, the employer is not liable for economic compensation; Second, the termination of the labor contract in accordance with the provisions of Article 38 does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90. >>>More

8 answers2024-07-23

You can apply for labor arbitration.

First of all, it is necessary to prove the existence of a de facto employment relationship with the factory, such as evidence such as payslips and witnesses. >>>More

8 answers2024-07-23

Go back to him, do you have any documents to keep?

7 answers2024-07-23

If you leave your job after being absent from work, and the company does not give you a resignation certificate, you can sue it. >>>More

14 answers2024-07-23

Is there an employment contract? If you go to the labor bureau to sue him, now the labor law has been changed. >>>More