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What procedures need to be handled for resignation

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What procedures need to be handled for resignation


        

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  • 2024-06-18 20:00:49

    The following procedures shall be handled for the employee to leave:

    1. Negotiate with the employer to terminate the labor contract, or notify the employer in writing 30 days in advance to terminate the contract;

    2. Handle work handover procedures for resignation;

    3. Handle salary settlement procedures;

    4. The unit shall issue the resignation certificate;

    5. Handle the social security transfer procedures for resignation.

    What are the consequences if you leave without going through resignation procedures?

    1. Those who leave their jobs without authorization will be punished as absenteeism, and may be expelled according to regulations;

    2. If the company suffers losses due to self departure, it shall bear corresponding compensation liability;

    3. It will affect the transfer of social security and the issuance of resignation certificate, and it will become troublesome to find a job in the future.

    4. If there is special training, liquidated damages shall be paid for self departure during the service period.

    What if the company defaults on salary after resignation?

    If the employer defaults on wages after resignation, it can protect its rights by the following ways:

    1. It can be directly negotiated with the company;

    2. Complaint to the labor inspection brigade;

    3. Apply to the labor administrative department for mediation;

    4. Apply for labor arbitration;

    5. If they are not satisfied with the arbitration award, they may bring a lawsuit in the court.

    To sum up, resignation needs to go through relevant procedures in accordance with legal provisions and the company's requirements. If the company does not pay wages after resignation, then you can protect your rights through negotiation, complaint or arbitration. Never leave without authorization, which will cause adverse consequences to yourself. Do you understand?

    Legal basis

    Article 36 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Termination of Labor Contract through Consultation] The employer and the employee can terminate the labor contract if they reach consensus through consultation. (1) It is proved that the employee does not meet the employment conditions during the probation period; (2) Seriously violating the rules and regulations of the employing unit; (3) Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employer; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law.

    Article 37 of the Labor Contract Law of the People's Republic of China (2012 Revision) [The laborer gives notice in advance to terminate the labor contract] The laborer may terminate the labor contract by giving a written notice to the employer 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance during the probation period.

    Article 38 of the Labor Contract Law of the People's Republic of China (Revised in 2012) [Unilateral Termination of Labor Contract by Employee] If the employer has one of the following circumstances, the employee can terminate the labor contract:
    (1) Failing to provide labor protection or working conditions as agreed in the labor contract;
    (2) Failing to pay labor remuneration in full and on time;
    (3) Failing to pay social insurance premiums for workers according to law;
    (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
    (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
    (6) Other circumstances under which the labor contract may be terminated as stipulated by laws and administrative regulations.
    If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance.

    Article 4 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, in case of a labor dispute, the worker may consult with the employer, or ask the trade union or a third party to consult with the employer to reach a settlement agreement.

    Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, if a labor dispute occurs and the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they can apply to the mediation organization for mediation; If they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration committee for arbitration; If they are not satisfied with the arbitral award, they may bring a lawsuit to the people's court, unless otherwise provided for in this Law.

    Article 90 of the Labor Contract Law of the People's Republic of China: If a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or competition restrictions agreed in the labor contract, which causes losses to the employer, he shall be liable for compensation.

    n***

    2024-06-18 20:00:49

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