If The Unit Agrees To Resign, It Should Not Immediately Go Through The Formalities.

I resigned to the unit, and the leader agreed to let me go and told me to do a good job pfer.

I did everything, but at the time of settling wages, the unit also suggested that I did not give 30 days' notice in advance, so the relevant formalities had to wait and refused to issue the proof of cancelling the contract.

The question is, I have already looked for it at home. Is this not an obvious challenge to me? At that time, the leader promised me to go. Is this not a consensus? Is it right for the unit to do so? Can I insist on leaving?

Xiao Li, a reader,

Resignation often causes controversy. Here, I will introduce three opinions to you for reference.

First, the thirty-seventh provision of the labor contract law stipulates that

If the employer is notified in writing thirty days in advance, it may terminate the labor contract.

It can be seen from this clause that the employer of "advance notice" is the legal obligation of workers, and workers must not regard this as dispensable.

As a laborer here, we must be vigilant. There must be three evidences for the resignation.

Rather than oral, two has been delivered to the unit, and three has been advanced 30 days.

Otherwise, if you encounter a unit, you will be passive.

Second, although according to the thirty-sixth provision of the labor contract law, the employer and the laborer can agree to unanimously agree on the labor contract, but such consultation is generally offered by the unit voluntarily, and it must also pay a certain amount of economic compensation.

As a resignation, the unit generally does not have to pay any.

Therefore, how can a unit recognize the fact that you are a "unanimous" rescission contract under the premise of your resignation? Is it not a cause for trouble? Of course, there is indeed the saying and practice of "immediately agreeing to leave" in real employment, but as a laborer, it is necessary to note that the unit agrees to leave immediately instead of waiting for 30 days. Otherwise, how can it prove that the unit has already waived the obligation of 30 days notice in advance?

Third, as a laborer who has been looking for a better job, we must pay attention to the registration time of new units, at least leave a month ahead of time, otherwise it will be passive again.

At present, you have to consult with the new unit. You can only consult with the original unit, but at the moment, some units will "seize the fire", that is, the last month's wages will be deducted.

The problem is that if a worker is unwilling to lose a month's wages and insists on leaving, the unit will be held liable for breach of contract, so as a laborer, it must not be blind.

The fiftieth provision of the labor contract law stipulates that the employer should issue a proof of termination or termination of the labor contract when it terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within fifteen days.

That is to say, only when the worker is informed of the 30 days' notice in advance and the work handover is completed, will the unit start the process of reemployment and settle wages with the staff.