How can a dispatched worker resign, and can he terminate the labor contract 30 days in advance?

For the purposes of your narrative, it is as follows:

1. The electronics factory is an employing unit, not an employer, and the electronics factory of the employing unit has no right to adjust your position, otherwise it is illegal.

2. The electronics factory of the employing unit has no right to terminate the labor contract with you, if the electronics factory of the employing unit violates the law, you can immediately submit an emergency resignation to the employer (labor dispatch company) at any time, and ask the employer to settle your salary in a lump sum, issue a certificate of termination of the labor contract, and pay you severance at the same time. Otherwise, you can immediately call **12333 to report to the local labor and social security inspection brigade and ask the labor and social security inspection brigade to deal with it in accordance with the law.

3. If you want to resign, you only need to submit a notice of resignation to the employer in writing 30 days in advance. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle it (Article 37 of the Labor Contract Law), pay your salary in a lump sum, and issue you a certificate of resignation, otherwise the employer will be in violation of the law.

1. Employees are free to resign, and resignation applications need to be approved by leaders. 2. Inform the unit you work for 30 days in advance, and at the same time notify the labor dispatch unit, you can leave after 30 days, and the salary will be due on the day of resignation. If you are not qualified for this position, you can only ask for a transfer, but it is estimated that it is impossible to want the post you designate.

3. The labor relationship between the labor dispatch worker and the dispatching unit is a labor relationship, and the dispute with the employing unit is a civil dispute.

If you resign during the probationary period, you need to give 3 days' notice to the employer before you can terminate the employment contract. Although there is no reason to leave the company during the probationary period, there is no restriction on the form, as long as you tell the unit 3 days in advance. Before a dispatched worker wishes to leave his or her job, he or she shall notify the employer, the dispatcher or a third party about one month in advance, and terminate the employment contract after negotiation with the employer.

The process of resignation of a dispatched worker is as follows:

1. If an employee resigns, according to the requirements of the employing unit, the labor dispatch worker generally submits a resignation request to the workshop supervisor of the branch one month in advance, and reports to the personnel department for approval, and continues to work in the original post during the approval period.

2. The resigned employee must carefully write the "Resignation Application", explain the reasons and reasons for the resignation in detail, and submit the "Resignation Application" to the workshop director for signature and review.

3. The supervisor of the resigned labor dispatch worker shall sign the "Resignation Application" and submit it to the Personnel Department for review in a timely manner. The supervisor of the resigned employee should strive to retain the employee with good performance and improve the possibility of his or her working environment, conditions and treatment.

4. The director of the office must sign the "resignation application" of the labor workers of the factory, and report to the office of the labor company, and the labor company will sign the opinion and complete the personnel within 7 days.

5. The labor service dispatch company will send the "resignation application" of the dispatched worker to the human resources department for signature and filing.

6. After the resignation procedures are completed, the labor relationship with the labor service company will be separated.

Legal basisArticle 36 of the Labor Contract Law of the People's Republic of China.

Termination of Labor Contract through Negotiation] The employer and the employee may terminate the labor contract if they reach a consensus through consultation.

Article 37.

Employee may terminate the labor contract by giving 30 days' written notice to the employer. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

It is not necessary for an employer to give 30 days' notice to the employee to terminate the employment contract.

There are only three situations in which the employer proposes to terminate the employer 30 days in advance:

1. There is a major change in the objective circumstances on which the labor contract was concluded, and the employer and the employee cannot reach an agreement on changing the content of the labor contract after consultation;

2. The worker is unable to engage in his or her original job or work arranged by the employer after the expiration of the medical treatment period;

3. The worker is not competent for the job, and is still incompetent after training or job adjustment.

In the above three circumstances, the employer shall notify the employee 30 days in advance of the termination. If advance notice is not possible, the employee may be paid an additional month's salary in lieu of the advance notice period.

As for the termination situation proposed by other employers, the employer has no obligation to give 30 days in advance. The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The labor contract is invalid due to circumstances prescribed by law;

6. Being pursued for criminal responsibility in accordance with law.

Labor Contract Law of the People's Republic of China

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The laborer is blind to illness or injury not due to work, and is unable to engage in the original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is not competent for the job, and is still incompetent for the job after training or adjustment of the job;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

The employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary.

If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation. Severance shall be paid to the worker according to the number of years of service in the employer and two months' wages for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the employee shall be paid one month's salary as a dismissal compensation.

The monthly wage is calculated based on the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

According to Article 40 of the Labor Law, under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: (1) the employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; 3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

The company must notify the employee 30 days in advance of the termination of the labor contract, and according to the relevant laws and regulations, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary, so the employer must either give 30 days' notice in advance, or pay one month's salary in lieu of notice without giving notice in advance.

In addition, according to the relevant laws, if the employer dissolves or terminates the labor contract in violation of the law, it shall pay compensation to the employee at twice the standard of economic compensation, and if the company terminates the labor contract in violation of the law, the employer shall pay compensation to the employee. Finally, the lawyer said that the employer needs to give 30 days' notice to the employee to terminate the employment contract. Legal basis

Labor Contract Law

Article 40 Before the expiration of the term of the labor contract, the employer shall notify the employee in writing of its intention to terminate or renew the labor contract 30 days in advance, and go through the formalities for terminating or renewing the labor contract through negotiation.

30 days in advance is required. After the employer notifies the employee in writing 30 days in advance or pays the employee an additional month's salary, Fanshen may terminate the labor contract.

The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Strictly guard against the imitation sedan car that is derelict in duty, malpractices for personal gain, and causes major damage to the employing unit; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

According to Article 21 of the Labor Contract Law, during the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified 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.