Do I need to resign 30 days in advance?

Resignation is required in advance, but the situation is as follows.

1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require the approval of the employer to resign. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, the employer may claim to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

The employee can mail the notice of termination of the labor relationship (resignation letter, resignation report) to the employer by courier or ** letter, so as to facilitate the preservation of evidence. If the employer does not pay the employee's wages or does not go through the resignation procedures for the employee, it may apply for labor arbitration.

Whether you were introduced by that human resources center or sent by labor? In the latter case, you can refer to the labor regulations below. In addition to this, you can also resign if you notify the HR Center in writing 30 days in advance. It's all the same way to quit your job.

Article 65 A dispatched worker may terminate a labor contract with a labor dispatch unit in accordance with the provisions of Articles 36 and 38 of this Law.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 38 Under any of the following circumstances, a worker may terminate a labor contract:

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.

I work in a factory. It is an outsourced line. The contract is deposited by the labor company. I don't have a contract. Go straight to work. But if you say quit a week in advance. Is the salary settled.

Employees are required to notify 30 days in advance of their resignation. This is because all employers and employees are now in an employment contract relationship, and there is no distinction between temporary and regular workers, and every employer is obliged to sign labor contracts with all employees. Even if the employer hires the employee in a temporary position, the applicant may request the employer to sign a labor contract, request the establishment of various social insurance for the employee in accordance with the law, and enjoy relevant benefits.

It is the right of the employee to resign at any time, but there are special regulations on resignation in China, and the employer must be notified in advance when resigning, and at the same time, he can leave directly after handling all the handover work, so that it can be regarded as legal to deal with it according to the process. 1. Circumstances under which an employee may terminate a labor contract:

1. Failure to provide labor protection or working conditions in accordance with 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 employees;

5. The labor contract is invalid;

6. Other circumstances under which the labor contract may be terminated by laws and administrative regulations. 2. How far in advance is the resignation?

1. Regular employees should notify the unit in writing 30 days in advance, and the probation period should be 3 days in advance.

2. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance.

3. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

4. Normal resignation. If a worker who is absent from labor submits a written resignation 30 days in advance, he or she can leave without the approval of the employer.

5. The probationary period shall be submitted in writing 3 days in advance; The employer is obliged to settle the employee's salary and go through the resignation procedures. Legal basisArticle 37 of the Labor Contract Law of the People's Republic of China 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.

1. Labor workers need to say a few days in advance when they leave their jobs.

Unlike an employment contract, an employee who has signed a labor agreement does not need to be notified to the employer one month in advance if he or she wants to resign, unlike an employment contract, which requires one month's notice to the employer to terminate the labor contract, but does not need to terminate the labor agreement. A labor service agreement is a general labor contract, and the labor contract can be terminated as long as the two parties have reached a consensus on negotiation or meet the conditions for terminating the contract. Both parties to the labor contract are equal.

2. What should employees pay attention to when resigning?

1. Notify the enterprise in "written" form.

At this time, the employee needs a written resignation letter, which needs to be signed by the employee on paper, and the resignation letter is generally handed over to the direct supervisor or the human resources department of the enterprise.

If the resignation letter is given to the company, how can the employee prove that he has notified the company in "writing" as required by the labor law? What the employee can do at this time is to ask the company for a receipt of receipt of the resignation letter when submitting the written resignation letter.

2. Handle the handover of work.

According to the labor law, although employees can no longer go to work at the end of 30 days, they must handle the work handover. Of course, the work handover is arranged by the enterprise, if the enterprise does not arrange, it is best to write a work handover list, in written form, explain the work and the arrangement of their working hours, submit it to the direct superior or the human resources department, in duplicate, and keep a copy of the company's seal or the signature of relevant personnel.

If the work is not handed over, the enterprise can temporarily withhold the salary until it is handed over, and then pay it after the handover. Enterprises may also embarrass employees when they transfer their files, transfer social security, and issue resignation certificates. Although the withholding of the file of the remorse and social security is not in accordance with the labor regulations, please refer to:

Four legal issues to consider when resigning (click to open), but companies often do this, and litigation will lead to an increase in the cost of leaving.

In judicial practice, if the contract is not signed or the employer violates the law, the employee can resign at any time, and then he can also apply for labor arbitration and request the employer to compensate for the loss.

3. The characteristics of labor dispatch are as follows:

1. The employment and use of workers are separated, in general labor relations, the employer directly employs and uses the laborers and pays wages and remuneration to the workers, while in labor dispatch, although the laborers establish a labor relationship with the labor dispatch single roll, it is the employer that actually uses the laborers;

2. There are three entities in labor dispatch, and the labor dispatch unit and the employing unit shall bear the obligations of the employer in the general labor relationship to the workers individually or jointly;

3. There is a set of contracts in the labor dispatch relationship, one of which is the labor contract between the labor dispatch unit and the dispatched worker, and the other is the labor dispatch agreement between the labor dispatch unit and the employing unit.