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1. The procedures for resignation are different according to the regulations of each company, but under normal circumstances, it is necessary to agree with the leaders of the competent department, the leaders in charge, the finance and all the departments that have business relations with you, and the purpose is to avoid the balance of problems caused by the lack of information flow of personnel, which is normal. 2. You have only worked in the company for a week, and even if you sign a contract, the company will have many ways not to pay you wages. 3. The notice procedure can be correct, but there is no written thing to prove, I don't know if anyone in your unit has told you these things, the worker needs to apply for resignation in advance, you are in breach of contract in this regard, and your ** notice does not seem to be very polite.
I don't think what you are talking about is an internship or not an internship, nor is it a matter of labor law or labor law, I see that your age is not very old, I say a few words that do not listen, first of all, you have to be responsible for yourself, and then the enterprise or company can be responsible for you, how can there be a return without output. Rough words. Analyze for yourself whether this is the case.
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As an employee, you only need to submit your resignation in writing to the employer three days in advance during the probationary period, and if it is not approved, you can go to the local labor department to report or apply for labor arbitration, and ask the labor department to terminate your labor contract and pay your wages.
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According to Article 37 of the Labor Contract Law, it is sufficient to notify the employer 3 days in advance, without any reason.
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Legal analysis: 1. Submit a hand-signed resignation report to the direct supervisor 3 days in advance; 2. After the approval of the direct leader, it will be transferred to the Ministry of Personnel, and the Ministry of Personnel will be transferred to the Ministry of Finance for the record; 3. If you pay social security and provident fund during the probation period, you need to go through the procedures such as suspension of insurance and sealing of provident fund, and after the completion of the process, the resignation certificate and other resignation materials will be sorted out; 4. After the handover is completed, the company's resignation process is over, go to the personnel department to go through the resignation procedures, calculate the salary, and receive the resignation information.
Legal basis: Labor Contract Law of the People's Republic of China
Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same worker can only agree on a probationary period.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
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Legal analysis: If you need to go through the formalities for resignation during the probation period, you need to notify the employer 3 days in advance, submit a hand-signed resignation report, and go through the resignation procedures after the work handover is completed. The specific resignation process is as follows:
1.Submit a hand-signed resignation report to the direct supervisor 3 days in advance; 2.After the approval of the direct leader, it will be transferred to the Ministry of Personnel, and the Ministry of Personnel will be transferred to the Ministry of Finance for the record; 3.
If you pay social security and provident fund during the probation period, you need to go through the procedures such as suspension of insurance and sealing of provident fund, and after the completion of the process, the resignation certificate and other resignation materials will be sorted out; 4.After the handover is completed, the company's resignation process is over, go to the personnel department to go through the resignation procedures, calculate the salary, and receive the resignation information; 5.After the formal resignation, if Boyuan has social security or provident fund and other procedures, it is necessary to communicate with the personnel department of the resigned unit, such as the provident fund transfer form for provident fund transfer.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An 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 within the probationary period.
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1. If the employee wants to resign during the probation period, he or she first needs to notify the employer three days in advance to terminate the labor contract; Then handle the work handover as agreed; The employer will then issue a certificate of termination of the labor contract; Finally, the unit will transfer the file and social insurance relationship for it.
2. Legal basis: Labor Contract Law of the People's Republic of China
Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.
Article 37 A worker 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.
Article 50 An employer shall, upon dissolution or termination of a labor contract, issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the worker'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.
1. Do you want to sign a contract during the probation period?
To be sure, the probationary period is a contract.
1. The parties to the labor contract may not agree on the probationary period, or they may agree on the probationary period, and the probationary period shall not exceed 6 months. That is, the probationary period should be included in the term of the labor contract, and during the probationary period, the employer should also participate in social security for the employee in accordance with the law. During the probationary period, the employer may terminate the labor contract at any time if it proves that the employee does not meet the employment requirements.
2. The length of the probation period is not up to the unit, according to the relevant national laws and regulations, if the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
3. In practice, there are indeed many employers who verbally agree with their employees on a probationary period of 3 months or 6 months, but do not sign a labor contract. After the expiration of the probationary period, the employer will sign a formal labor contract if it deems that the probationary period is qualified, and if the employer believes that it does not meet the employment requirements, it will terminate the labor relationship. In fact, this practice of the employer violates the law.
The premise of the existence of the probationary period is that both parties have signed a labor contract, and without the signing of the labor contract, there is no such thing as a probationary period. If the employer only agrees on a probationary period but does not sign a labor contract, it shall be deemed that there is no probationary period, and the labor dispute between the two parties will be handled in accordance with the de facto labor relationship, and the employer will often have to "suffer losses".
If an employee resigns during the probationary period, he or she also needs to go through the corresponding resignation procedures in accordance with the provisions of the employer's order and position, and the employer also needs to pay the corresponding salary according to the actual number of days worked during the probationary period.
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1. Procedures to be completed for resignation during the probationary period:
1. Apply at least one month in advance.
2. Wait for the personnel department to recruit the personnel in place.
3. Handover the work content with the new employees in the position.
4. Sign the resignation form, which is signed and confirmed by the leaders of your department and the leaders of the departments that the company contacts with you.
5. Officially resign from the date of signing.
2. In accordance with Article 37 of the Labor Contract Law, an 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 3 days in advance during the probationary period.
3. After the formal resignation, if there are procedures such as social security or provident fund, it is necessary to communicate with the personnel department of the resigning unit, such as the provident fund transfer form for the transfer of provident fund.
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