Is it illegal to resign without signing a contract and leave immediately?

By law, the probationary period is written three days in advance.

Form to submit an application for resignation, after the probationary period.

Submit your resignation in writing one month in advance.

Yes. The employer can also resign if it does not approve it.

The employer also does not have the right to deduct the employee's previous salary.

The employer has more than one from the date of employment.

months less than a year (up to 11 months) not with.

If a worker concludes a written labor contract, he shall:

Workers are paid twice their monthly wages.

If the employer violates the labor contract, it can call the Labor Bureau **12333 to report.

or apply for labor arbitration to claim compensation.

Labor Contract Law

Article 37.

The employee terminates the labor contract with advance notice.

The employee may terminate the 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 82.

Legal liability for not entering into a written employment contract.

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Can you resign and leave directly?

Legal analysis: If the employee and the company have not signed a labor contract, the company is illegal, but the employee can express his intention to leave through a letter, and if the employee only works for a few days, he can directly apply to leave. If the employee has not signed a contract for a long time, the company is against the law, and can require the employee to pay twice the salary during the period of work without a contract.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If the employee and the company have not signed a labor contract, the company is illegal, but the employee can express his intention to resign and leave through a letter, and if the employee only works for a few days, he can directly apply to leave. If the employee has not signed a contract for a long time, the company is against the law, and can require Beishan to pay twice the salary during the period of work without a contract.

It is not illegal to resign without signing a contract, because if a written labor contract is not signed, it is an indefinite labor relationship, and the employee can terminate the labor relationship at any time. In addition, if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. The risks of not signing an employment contract are as follows:

1. The unsigned contract does not exempt the employer from the obligation to pay various social insurance premiums for the employee;

2. The employer terminates or dissolves the de facto labor relationship, and the dismissed employee needs to pay economic compensation in accordance with the law;

3. If the employer terminates or dissolves the de facto labor relationship and causes the employee to lose his or her job, it may be necessary to compensate for the loss of unemployment;

4. The employee can terminate the labor contract at any time and does not bear any liability or compensation for breach of contract;

5. The unit cannot dismiss the employee on the grounds that the probation is unqualified;

6. Not signing a labor contract is not conducive to the protection of trade secrets in the unit;

7. If the employee loses due to not signing the labor contract, the unit shall bear the liability for compensation;

8. The employer may face administrative penalties from the labor administrative department.

Legal basisArticle 38 of the Labor Contract Law of the People's Republic of China.

If the employer has any of the following circumstances, the labor contract may be terminated

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 in which laws and administrative regulations stipulate that the employee may terminate the labor contract.

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.

Legal analysisIf there is no labor contract between the employee and the employer, that is, the labor relationship between the employee and the employer is an indefinite term, the employee does not need to notify the employer 30 days before leaving the company, and can leave the company at any time, but if there is an agreed service period between the employee and the employer, it is illegal to leave directly at this time. As long as there is a de facto employment relationship, even if no contract has been signed, the relevant provisions should be observed. Even if the employer has not signed an employment contract with the employee, the employee must notify the employer one month in advance in accordance with the normal resignation procedure, and handle the handover of work, and pay attention to retaining relevant evidence to facilitate the protection of rights in the future.

If an employee leaves without permission, they will put themselves in a very passive situation. According to the relevant laws and regulations, if the employer refuses to handle the resignation in accordance with the law, the party concerned may appeal and report to the labor administrative department. The local people's labor administrative department at or above the county level shall, in accordance with the law, supervise and inspect the conclusion and termination of labor contracts between employers and workers.

Legal basisLabor Contract Law of the People's Republic of China Article 50 The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall 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.

Legal analysis: The resignation process without signing a labor contract is as follows: 1. The employee notifies the employer in writing 30 days in advance of the resignation; 2. The worker shall handle the work handover as agreed; 3. The employer issues a certificate of resignation.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference: 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.

There are two situations to look at if you resign without signing a contract and leave directly:

1.During the probationary period. During the probationary period, the employee may terminate the employment contract at any time by notifying the employer.

2.If a regular employee resigns without signing a labor contract and leaves without handling the handover work, causing losses to the employer, he or she shall be liable for compensation.

It should be noted that the employer's failure to sign the labor contract is not the reason why the employee can resign at will, but if the labor contract is not signed in writing for more than one month but less than one year, the employee can request the employer to pay double the salary.

Legal basisArticle 32 of the Labor Law of the People's Republic of China An employee may terminate the labor contract at any time by notifying the employer under any of the following circumstances: (1) during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

It is not against the law for an employee to resign without signing a contract, because there is no labor contract between the employee and the employer, that is, the labor relationship between the employee and the employer is an indefinite term, and the employee does not need to notify the employer 30 days before leaving the job, and can leave the company at any time, but if there is an agreed service period between the employee and the employer, it is illegal to leave directly.

Legal analysisIf the contract is not signed, the company itself is illegal, and the employee is not liable. This problem needs to be divided into two situations: if you want to go directly within one month, because the law stipulates that the employer needs to sign a labor contract with the employee within one month, so if you want to resign within one month, you need to inform the employer in advance, because at this time, if the employer has not violated the law for more than one month, the employee can ask the employer to pay double the salary of the unsigned labor contract, starting from the second month.

If the employee does not want to continue working for the company, he can directly leave the company and ask the company to pay economic compensation. To sum up, even if you want to leave directly, you must consider whether you need to go through the corresponding resignation procedures, and if you don't need to, you can go directly. Failure to conclude a labor contract is an illegal act of the employer, and the employee should first defend his rights and require the employer to bear twice the salary first.

Then, the worker will consider quitting. Workers cannot resign and leave at any time, and should fulfill the obligation to inform in advance in accordance with the law, so as to effectively protect the legitimate rights and interests of employees.

Legal basisLabor Contract Law of the People's Republic of China Article 38 An employee may terminate a labor contract under any of the following circumstances: (1) failing 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 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 in which the labor contract may be terminated as provided 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 violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.