The New Labor Law Stipulates The Time Of Resignation.

The thirty-first provision of the labor law of the People's Republic of China stipulates: "the worker shall terminate the labor contract 30 days ahead of time, and notify the employing unit in writing". This clearly gives the right of the employee to resign, and this right is absolute.

The general office of the former Ministry of labor has also pointed out in the reply to the relevant questions concerning the rescission of labor contracts for workers: "the worker's notice of the employer in written form 30 days in advance is both a procedure for relieving the labor contract and a condition for rescission of the labor contract.

The worker shall notify the employing unit in writing 30 days ahead of time, and terminate the labor contract without obtaining the consent of the employer.

For more than 30 days, the laborer applies to the employer for the termination of the labor contract, and the employer should handle it. "

The labor law, on the one hand, gives the employees the absolute right to resign. On the other hand, it also gives the employer the right to claim damages.

If the conditions stipulated in this law are to terminate the labor contract or violate the confidentiality matter stipulated in the labor contract, the economic losses caused to the employing unit shall be liable for compensation according to law. The original labor department clearly stipulates the scope of compensation in the fourth article of the "compensation for violation of the relevant labor provisions": "the worker shall break the labor contract in violation of the stipulation or the labor contract, and the employer shall compensate the employer for the following losses: 1, the employing unit shall employ the expenses for hiring them; 2, the training expenses paid by the employer for the payment of the contract shall be dealt with as agreed by the two parties as agreed; 3, direct economic losses caused by production, operation and work; 4, other compensation fees stipulated in the labor contract." the 102nd provision of the labor law stipulates: "workers violate

When the employee voluntarily proposed to terminate the labor contract with the enterprise, some workers voluntarily left the company after writing the notice to the employer 30 days later, ignoring the compensation requirements of the employer.

The staff relationship and archives of employees after leaving office for a long time stay in the original employing units, which will cause workers to fail to handle normal employment procedures in the new working units, and can not get personal materials including files, nor can they pay.

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According to previous labor arbitration cases, employees need to pay attention to two aspects at this time:

On the one hand, we must inform enterprises in written form.

It is not possible to resign by e-mail. The mail usually does not have the function of evidence, and the mail is retained in the server of the enterprise.

Employees need it at this time.

In a paper resignation letter, a resignation letter is required to be signed by the employee, and the resignation letter is usually handed over to the direct superior or the human resources department of the enterprise.

A letter of resignation is given to an enterprise. How can employees prove that they have informed the enterprise by writing in accordance with the requirements of the labor law?

If this is not easy to do, it can only be used as a witness. The testimony of a witness may be useful at the time of labor arbitration. Usually, it is not effective in court, because the witness is generally a colleague of the enterprise, and the court can be regarded as a stakeholder.

On the other hand, we need to work handover.

According to the labor law, although employees can not work after 30 days, they must deal with them.

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Of course, the pfer of work is arranged by the enterprise. If the enterprise does not arrange, it is also better to write a job pfer list, write in writing, explain the work and the schedule of the work time, submit it to the direct superior or the human resources department, in two copies, and retain a business seal or relevant person's signature.

Without the handover of work, the enterprise can suspend wages until the handover, and it has not been handed over since the handover.

Enterprises may also be embarrassed when employees pfer files, pfer social security and leave proof.

Although the withholding files and social security do not conform to the labor laws, we can refer to four legal issues that should be considered when resigning.

When resigning, as employees do what they should do well and maintain consultations and communication with enterprises, most enterprises will be treated legally.

For a few lawless enterprises, employees can only use legal weapons to protect their legitimate rights and interests.

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