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Of course, you can't "privately" hand over, to inform your direct boss that you have started to hand over, it is best to make a "handover table" yourself, and clearly display the information such as the handover project, handover time, handover status, and unfinished matters, and remember that you must keep a bottom. And it requires the signature of your direct supervisor and the department head involved in the handover to take effect.
In this way, if the company still withholds your salary, there are only two reasons:
1. You did not meet the company's requirements;
Second, the company maliciously deducts your salary.
If it is the second option, your backup file (handover form) can be used as the basis for you to apply for labor arbitration.
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The company must have rules and regulations that clearly stipulate the number of days required for resignation, matters and other procedures, and whether you will carry out the handover according to the company's regulations. If you do make the handover in accordance with the company's rules and the company does not recognize it, you have to go to arbitration. If not.
then you need to bear certain responsibilities. Of course, the company also needs to bear a part, if the company is not satisfied with the results, go to the labor arbitration to consult, there are many specific situations, it is best to reconcile, if not, you can only rely on legal arbitration.
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After receiving your resignation application, the company should have the relevant procedures to inform you, and you should complete all these procedures according to the guidance of personnel. (can be used as a basis) the other copy is handed over to personnel, and the salary should be settled after resignation. Refer to the Labor Contract Law:
Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of 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.
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This article is limited, the company's regulations are based on the "Labor Law", within one month of resignation, if the company can't recruit a replacement or the company doesn't let you hand over, you don't need to bear the losses caused by the company's negligence; After another month, you don't need to do the handover again, so you don't need to do it privately.
But pay attention to 1 The company said that you sent a handover personnel and you did not complete the handover, which requires you to find some evidence by yourself For example, the email application for what task to hand over on a certain day was rejected or deliberately delayed by someone or there is a witness or with a recording 2 The company will say that your handover is not complete This requires you to confirm the handover work list and the leader to sign before it is completed. These two points are likely to fall into the trap of some despicable companies, and it is important to pay attention.
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Wrong. If the employer violates labor-related laws or contract provisions by failing to provide the employee with a written certificate of dissolution or termination of the labor contract, causing damage to the employee, it shall be liable for compensation; The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days or 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. If there is a labor dispute after resignation, the parties can still protect their legitimate rights and interests through legal means.
Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from the removal of hunger, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.
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If an employee violates the company's rules and regulations, it is better to be dismissed or leave the company by himself.
Hello, voluntary resignation and dismissal are different in nature, dismissal is generally a serious violation of labor discipline, only the nuclear bench will be fired, then it is better to take the initiative to resign and quarrel with the brigade. If the company goes bankrupt, then there is no compensation for voluntary resignation, and the company dismisses you with n+1 compensation salary.
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