Is it legal for the company not to allow the resignation on the grounds that the handover work is di

An employee can resign within one month after submitting his resignation application, and the employer cannot prevent the employee from leaving the job in other ways.

If an employee resigns, he or she only needs to notify the unit in writing 30 days in advance, and the probationary period can be notified to the unit three days in advance. There is no need for a reason. If the employer refuses to pay wages, then the employee can apply for labor arbitration to defend his rights.

In accordance with the Labor Contract Law

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.

Interim Regulations on the Payment of Wages

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

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) Refusal to pay 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.

According to the provisions of the labor law, one month's notice is sufficient for general employees, but based on the actual situation of each company, some jobs may be more complicated and the handover is relatively slow, if it is necessary to delay for a long time to complete the handover, then you can negotiate with the company, and the company should also pay the corresponding wages according to the actual working hours.

One month after the resignation is the time to hand over the work, and the work content is also used.

Notes on resignation:

1. Submit your resignation application 30 days in advance. This is very important, 30 days in advance to apply for resignation, to give the employer time to continue recruitment, the resignation application time is calculated from the date of submission of the application, the application.

It doesn't need to be too complicated, just keep it concise. Pay attention to the relevant resignation instructions and be sure to sign and date. Grip cheats.

2. Settle wages. It is important to clarify your working day and the related salary and remuneration from the previous month to the date of departure.

3. After the resignation application is approved, begin to gradually handle the handover of the work, fill in the resignation handover form on the day of resignation or a few days after the expiration date, hand over the items, and sign on both sides to confirm whether the items are complete, whether the register is complete with all the personal Duan Zi family items, and there should be no omissions. If there is no handover, it will be given to the direct leader.

4. When resigning, the labor relationship should be terminated.

The certificate is what we call the certificate of resignation.

This must be there, to work in a new workplace, pay social security, etc., may require a resignation certificate, and taking the resignation certificate can avoid subsequent inconveniences.

1. Is it illegal for employees to leave their jobs without handing over their work?

1. It is not illegal for employees to leave their jobs and not hand over their work. If the employer causes economic losses because the employee has not handed over the work, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the employment contract.

2. Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China.

Obligations of both parties after the dissolution or termination of the labor contract] The employer shall, at the time of dissolution or termination of the labor contract, produce a certificate of dissolution or termination of 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 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.

2. How to deal with employees who voluntarily leave their jobs without doing work handover.

1. If the work is handed over and no economic compensation is paid, the worker shall handle the work handover in accordance with the agreement between the two parties. Where an employer pays economic compensation to a worker in accordance with the relevant provisions of this Law, it shall be paid at the time of completion of the work handover;

2. Formulate rules and regulations to regulate the resignation procedures of employees, and if the employees seriously violate the rules and regulations, the employer can terminate the labor contract and do not need to pay compensation for the resignation;

3. Let the employees who automatically disappear without the handover be liable for compensation, and if the employee does not handle the work handover in accordance with the agreement, causing losses to the enterprise, the worker shall bear the corresponding liability for compensation.

Legal analysis: It is not illegal to not hand over work, but if the employer causes economic losses due to the employee's failure to hand over the work, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract.

Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China 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 shall pay severance to a worker in accordance with the relevant provisions of this Law, it shall be paid at the time of completion of the work. The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for future reference.