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What if an employee voluntarily resigns, writes a resignation report, but does not sign the labor contract?

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What if an employee voluntarily resigns, writes a resignation report, but does not sign the labor contract?


        

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  • 2024-06-18 22:00:00

    The employee shall notify the employer of resignation in writing 30 days in advance, and resign 3 days in advance during the probation period, and the labor relationship will be terminated at that time.

    Article 37 of the Labor Contract Law stipulates that a worker can terminate the labor contract by notifying the employer in writing 30 days in advance. The laborer can terminate the labor contract by notifying the employer three days in advance during the probation period.

    1、 Under the following conditions, a worker can terminate the contract: (1) In general, a worker should notify the employer in writing 30 days in advance when he terminates the labor contract; (2) Under any of the following circumstances, the laborer can notify the employer to terminate the labor contract at any time: ① If it is within the probation period, the laborer should notify the employer 3 days in advance to terminate the labor contract. ② The employing unit forces labor by means of violence, threat or illegal restriction of personal freedom; ③ The employer fails to pay labor remuneration or provide working conditions as agreed in the labor contract.

    2、 The employer can also terminate the labor contract when the employee meets one of the following conditions, but the employer must notify the employee in writing 30 days in advance: ① The employee is sick or injured on non official business, and cannot engage in the original work or other work arranged by the employer after the medical treatment expires; ② The laborer is not competent for the job and still is not competent after training or post adjustment; ③ The objective conditions on which an enterprise's labor contract is based at the time of conclusion have changed significantly, making the original contract impossible to perform, and the parties cannot reach this agreement on the modification of the contract through consultation.

    To sum up, have your questions been answered!

    Legal basis

    Article 37 of the Labor Contract Law of the People's Republic of China, a worker may terminate his 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.

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