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The written notice must also be served and signed, and the company has nothing to do with the company if there is any problem with the person in the future.
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If the employee does not come to go through the resignation procedures, he or she must give written notice, and the enterprise shall send the notice of termination of the labor contract to the voluntary resignation person.
Detailed Methods and Procedures for Written Notification:
1. Directly delivered to the employee in writing;
2. If the person is not there, hand it over to his adult relatives living with him for signature;
3. If it is difficult to deliver directly, it can be delivered by mail, and the date of receipt indicated on the inquiry receipt shall be the date of delivery;
4. In the case that the whereabouts of the employee to be served are unknown, or the above service methods cannot be served, the service can be announced, that is, the announcement can be posted or through the ** notice.
Regarding the reply to the problem of notifying the employee to return to the unit through ** and dealing with the problem of voluntary resignation or absenteeism for those who do not return, "it shall be directly delivered to the employee himself in writing; If the person is not there, hand it over to his adult relatives living with him to sign for receipt, and where it is difficult to deliver it directly, it may be served by mail, and the date of receipt indicated on the inquiry receipt shall be the date of delivery. Only when the whereabouts of the employee to be served are unknown, or if the above-mentioned methods of service cannot be served, can the service be announced, that is, by posting an announcement or passing a ** notice, etc. Therefore, when an enterprise exercises the right of unilateral termination, it should do a good job of keeping the termination procedures in order.
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Notice of Employee Resignation Procedures To: Employee XX You submitted your resignation application to the company on October xx, 2013, because you have not gone through the relevant resignation procedures so far, please go to the company to go through the resignation procedures before October XX, 2013, and carry out the relevant handover matters in writing. If you fail to go through the relevant resignation procedures within the time limit, it is deemed that you agree that according to our employee handbook, Chapter 2 of the personnel system, "if the transferor fails to complete the transfer procedures, the transfer procedure compensation shall be paid, and the transfer procedure compensation shall be 1 2 of the employee's total monthly salary.
to execute. Notice is hereby given! Administrative Personnel Department 2013-x-xx There are two types of employee turnovers:
1) Employees voluntarily resign, that is, employees unilaterally apply for resignation to the enterprise; 2) The enterprise proposes to terminate the labor relationship between the two parties because the employee is incompetent for the post, fails the probation or seriously violates the company's rules and regulations. Article 50 of the Labor Contract Law [Obligations of Both Parties after the Dissolution or Termination of a Labor Contract] The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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 is required to pay economic credit 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.
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Dear Mausoleum Whispering XX Staff:
Hello! According to company policy, all departing employees are required to go through the separation process. However, you have violated the company's regulations by failing to complete the resignation procedures in accordance with the regulations.
Therefore, we ask you to complete the resignation procedures immediately, and if you fail to complete the resignation procedures as required, then the company will take legal action against you. Ruler row.
We hope that you can complete the resignation procedures in time so as not to affect your normal work.
Sincerely. Salute.
Company management.
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Legal analysis: According to the provisions of China's Labor Contract Law, if an employee wants to resign, he or she should notify the employer in advance, and the notice can be a written notice or an oral notice, so if there is no written resignation application, he can also leave his job after fulfilling the obligation to notify.
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 during the probationary period.
Interim Regulations on the Payment of Wages
Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusing to accept leniency and paying workers wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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When an employee resigns, he or she notifies the employer, rather than "applying" to the employer for resignation. Therefore, if a member resigns after resignation, as long as the obligation of advance notice is fulfilled, after the expiration of the notice period, the employer shall not forcibly keep the employee to continue working for any reason, unless both parties reach an agreement through consultation. At the same time, both parties have the obligation to continue to perform the employment contract during the notice period, and neither party shall terminate the employment contract in advance or later without the consent of the other party.
Legal basis. Article 37 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Employee Gives Advance Notice to Terminate Labor Loss] An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.
The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall, in accordance with the agreement between the two parties, handle the handover of work and return the goods of the unit to the unit. If the employer shall pay severance to the employee, it shall be paid at the time of the handover of the work. >>>More
Going through the resignation procedures is nothing more than going back to the original unit to settle the salary, issuing it to you in cash or punch card, and signing the documents to terminate the labor contract relationship with the company, if there are some original documents seized, remember to come back, and the copy may not be given to you because the Ministry of Manpower wants to archive, but it is not a big deal You said that the internship in the new unit, I don't know if you are an internship or an internship, if it is an internship, it will definitely not give you insurance, if it is a probation, According to the provisions of the national labor law, it should be given to you according to a certain base from the month of entry procedures, if you have to wait for three months later, then you can ask for the previous insurance to be paid, of course, you may cause some trouble in this way, which will affect your work here, the file problem is not a big problem, and when the new company can receive your file and then handle the transfer on the line, but in the period when you go through the resignation procedures from the original company until your new company receives your file, The filing fee may need to be paid by yourself When you go to a new company, remember to sign a labor contract, otherwise you will have to fight any problems in the future, if you do not sign within a month, you can ask the company to pay you double your salary from the second month If the company does not sign with you, then you had better find a new place
If the unit does not issue a resignation certificate, it may appeal or make a complaint to the labor inspection department. Article 50 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. >>>More
You should not take the initiative to terminate the employment contract, otherwise there will be no financial compensation. If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time without receiving a formal written notice (with the official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily. >>>More
Go, it's okay, your contract is already due. But why do you need to leave your job? You can ask the company to explain the reason, and if there is no compelling reason, the company cannot call you to come and go. >>>More