I quit my job during the probationary period, but the leader does not approve it, what should I do?

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.

2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

You only need to notify the unit three days in advance of the resignation during the probationary period, and you don't need anyone to agree, so you don't need a leader.

If approved, you can leave when the time comes, this is stipulated by the labor law, if you are embarrassed, you can go directly to the labor bureau to complain.

Legal analysis: If the resignation is not approved during the probationary period, the consent of the employer is not required, and the employer shall be notified three days in advance during the probationary period to terminate the labor contract upon expiration. Under any of the following circumstances, the employee may terminate the labor contract immediately without prior notice to the employer:

Failure to pay social insurance premiums for workers in accordance with the law; Failure to pay labor remuneration in full and in a timely manner; Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; Other.

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.

Article 38 (2) Where an employer compels a worker to work by means of violence, threat, or illegal restriction of personal freedom, or if the employer violates rules and regulations by directing or forcing a worker to perform risky work that endangers the worker's personal safety, the worker may immediately terminate the labor contract without prior notice to the employer.

Legal analysis: If the employee resigns during the probationary period, the employee's resignation does not require the consent of the employer. During the probationary period, the employee needs to submit his resignation to the employer three days in advance, and the employment relationship between the two parties will be terminated on the fourth day.

And if you don't have a resignation application form provided by the employer, you can write a copy by yourself.

Legal basisLabor Contract Law of the People's Republic of China

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee Bisheng may terminate the labor contract by notifying the employer three days in advance.

Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the suspected labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the employee may terminate the labor contract as provided 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.

If the resignation is during the probationary period and the boss does not approve it, the employer may notify the employer three days in advance during the probationary period, and the termination of the labor contract does not require the approval of the employer. If the employer does not pay the remuneration for the probationary period, the employee may apply to the labor dispute arbitration institution for arbitration.

Article 37 of the Labor Contract Law The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee notifies the employer three days in advance, and may terminate the labor contract by reading the spine.