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According to Article 37 of the Labor Contract Law, an employee who resigns can give 30 days' written notice to the employer in advance, and does not need to be approved by the employer. If there is a wage dispute at the time of resignation, you can file a complaint with the labor administrative department or apply to the labor dispute arbitration commission for arbitration.
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1. There are two ways for an employee to resign normally: one is 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, if the labor contract is terminated in accordance with the provisions of Article 38, it is not necessary to terminate the labor contract 30 days in advance or to approve it, and the person can leave immediately.
In addition, the employer must also pay severance of one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. 2. Therefore, it is very important to have a legitimate reason for resignation, as long as the reason is legitimate, any employer can not refuse, of course, if there is no legal reason, not only can you not go, you are gone, the unit will also find you trouble, not to mention that you will not get compensation, but you will also be asked to pay liquidated damages, and you will not go through the resignation procedures, which will cause trouble for your future employment. 3. The reasons for resignation are recommended to refer to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, such as: not signing the labor contract, not arranging working hours in accordance with national regulations, not paying labor remuneration on time and in full, not paying overtime wages for overtime, collecting the deposit of the employee, and not establishing the national statutory social insurance for the employee on time.
4. What you have to do now is: First, find a way to get back the resignation report you submitted before as soon as possible, I don't know what you wrote in the resignation report, but the reason for your resignation is very important, if it is not written properly, even arbitration will be unfavorable to you, not to mention that vested interests will be lost. Second, rewrite a "Notice of Termination of Labor Relations", the main contents:
In accordance with the relevant provisions of the Labor Contract Law, the employer shall be requested to pay the arrears of wages in full in accordance with the relevant provisions of the Labor Contract Law, pay severance and arrears of wages in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law, and go through the resignation procedures in a timely manner in accordance with the provisions of Article 50 of the Labor Contract Law. Third, the "notice" must be signed by the unit, and he will be delivered by ** letter or express delivery without signing, so as to ensure that evidence of the delivery of the notice is left. You're good to go.
5. If the employer does not perform its responsibilities according to the above requirements and does not pay the relevant fees and wages, you will directly apply to the local labor administrative department for labor arbitration (no fees, no lawyers), and claim compensation from the unit through the award issued by the labor arbitration, and if you still do not pay compensation, you can apply to the court for enforcement.
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It's hard to fight, but now it's generally not going to be released, because it's almost the New Year.
Good luck.
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If you want to resign, the boss will not approve the solution: 30 days in advance of the written resignation, without the approval of the employer to resign. Among them, if the probationary period is submitted in writing 3 days in advance, the employer is obliged to settle the employee's salary and go through the resignation procedures.
Legal basis
Article 37 of the Labor Contract Law stipulates that 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.
30 days' written notice is sufficient, and remember to settle the salary clearly. This is the most formal process, but you should always make sure that your supervisor receives your written notice.
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