I didn t sign a labor contract because of my own reasons, and now I want to resign, but the employer

Normal resignation, the general probation period of the employee, 3 days in advance, regularization, and one month in advance to the company to submit a resignation application.

1. There are three situations in which an individual proposes to resign:

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can 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, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. 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 you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

What is the handover? Tools, accounts, cash, company supplies for handover work? Does the company assign someone to pick up what you hand over?

Suggestion: September 3 to the post office to send a "courier letter" to the company (I have submitted a letter of resignation in writing for 30 days, your company has not made any reply, according to the relevant laws as the labor relationship has been terminated.) Your company is now required to pay *year*month-to-month salary; A written reply will be given within 3 days.

If there is no reply from the company within 3 days, your legal formalities have been completed. I want to pay my wages to the labor bureau or to labor arbitration.

Legal analysis: If you do not sign a labor contract, you can leave your job without writing a resignation letter.

It is illegal for the company not to sign a labor contract with an employee, and you can leave your job at any time without prior notice, and the unit shall handle the resignation procedures for you, including issuing a resignation certificate, handling the transfer of household registration and files, etc.

In addition, the employer can be required to pay double wages up to a maximum of 11 months. In terms of evidence, it is sufficient to prove the employment relationship, such as pay slips, punch-in records, tooling, work information, colleague testimony, etc.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker 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 38 The employee may terminate the 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.

Legal analysis: You can directly submit a written resignation notice, pay attention to the preservation of the relevant evidence submitted, and the employee can claim double the salary for the period when the labor contract has not been signed by mail, video, etc., and if the employer has failed to handle social security and other illegal acts, the employee has the right to unilaterally terminate the labor relationship without the approval of the unit.

Legal basis: Law of the People's Republic of China on Labor Compliance

Article 3 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 quietly.

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.

How to deal with resignation without signing an employment contract and not approving your resignation: you can ask the employer to pay twice the monthly salary; If the employee notifies the labor contract in writing 30 days in advance, he or she may complete his or her job without the approval of the employer. Article 38 of the Labor Contract Law provides that 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, intimidation, or illegal restriction of personal freedom, or if the employer violates rules and regulations by directing or forcing risky work to endanger the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

The contract may be terminated by giving 30 days' written notice to the employer.

If the employer is unable to terminate the contract through consensus due to no legal fault, the employee may terminate the contract by giving 30 days' written notice to the employer in accordance with Article 37 of the Labor Contract Law.

Upon the expiration of the 30-day period, the employer shall arrange for the handover of work, settle wages, and issue a certificate of termination of the contract, which is the right granted by law to the employee to unilaterally terminate the contract under the fact that the employer does not have the legal facts. However, in order to exercise this right, workers need to grasp several points:

1. Advance notice.

30 days' notice, before the 30 days have expired, shall not leave the job without authorization, otherwise it will constitute illegal termination of the contract, according to Article 90 of the Labor Contract Law, if the employer suffers losses, it shall be liable for compensation. However, the 30-day period is the time for the employer to arrange for personnel to take over the work, and the employer can terminate the contract in advance and let the employee leave the job.

2. Written notice.

The termination of the labor contract means that the rights and obligations of the parties to the contract are extinguished, which has a great impact on both the employer and the employee. At the same time, the written notice is also convenient for calculating the time, handing over the work, settling the salary, which is well documented and reduces labor disputes.

In practice, a common mistake made by workers in the application of this legal provision is to write the "notice of termination of contract" as an application for "resignation" or "resignation", so that their rights and interests cannot be effectively protected. The so-called "resignation" and "resignation" application means that you do not accept or no longer accept your current job or position, and ask to leave. Since it is a request, the unit has the right to decide whether to agree or not.

In fact, in accordance with Article 36 of the Labor Contract Law, an offer was made to the unit and the contract was terminated by consensus.

3. Effective service.

Written notice of termination of the contract must be effectively served. Under normal circumstances, the employee shall send two copies directly to the human resources department of the employer, and one copy shall be signed by the recipient as the basis for service. If the recipient does not sign the receipt, the delivery may be recorded with an image.

The notice of termination of the contract can also be delivered by postal express mail, and the express delivery must be marked with "Notice of Termination of Labor Contract" on the express delivery note.

4. Crowd restrictions.

30 days' written notice of termination of the contract does not apply to employees who have undergone special training with the employer and agreed on a service period. Employees who have received special training and agreed on a service period shall be required to pay liquidated damages for unilateral termination within the agreed service period.

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