How Does The Labor Law Stipulate The Resignation?

Q: how does the labor law affect resignation?

Answer:

First, the resignation of employees should be announced in writing 30 days in advance.

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", which clearly gives the right of the employee to resign. This right is absolute. The laborer unilaterally relieves the labor contract without any substantive conditions, and only needs to fulfill the obligation of early notification (that is, the written notice to the employer in advance 30 days).

The general office of the former Ministry of labor has also pointed out in the reply to the relevant questions concerning workers' rescission of the labor contract, "workers notify the employing unit in writing in advance 30 days, which is both a procedure for rescission of labor contracts and a termination of labor."

Two, the employer has the right to claim compensation for loss.

The 102nd provision of the labor law stipulates: "if a worker breaks the labor contract in violation of the conditions prescribed in this law or violates the confidentiality items stipulated in the labor contract, he shall bear the liability for compensation in accordance with the law for causing economic losses to the employing unit".

The Ministry of labor has clearly stipulated the scope of compensation in the fourth section of the "violation of labor law" on the provisions of the labor contract, which is: "the worker breaks the labor contract in violation of the stipulation or the labor contract and causes losses to the employing unit. The worker should compensate the employer for the following losses: 1 The employing unit recruited for the cost of the employment; 2 the training expenses paid by the employer for the payment of the contract, the two parties have agreed to deal with it as agreed; 3 the direct economic losses caused by production, operation and work; 4 other compensation fees stipulated in the labor contract".

Three. If there is any dispute, it should be submitted to labor arbitration in time.

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 employer did not handle the pfer of personnel relations and files to the employees, and the personnel relationship and files were placed in the original employer for a long time after the separation of the employees. The workers were unable to apply for labor insurance in the new working units, could not go abroad for political examination procedures, affect the technical title assessment, and could not further study for further study and lost the chance to apply for the national civil service.

Therefore, in the 60 days after the dispute between the employee and the employer in the compensation for the loss of the labor contract, the labor dispute arbitration committee of the employer's district or county shall be submitted to the labor dispute arbitration in time within the next few days.