For more than six months but less than one year, it shall be counted as one year, and for less than six months, it shall be counted as half a year. If negotiation fails, the laborer may file a labor arbitration with the labor dispute arbitration committee where the unit is located or where the labor relations are located.
The difference between employee resignation and resignation is as follows:
1. Resignation application is often an employee's initiative to apply for resignation, usually 30 days in advance and 3 days in advance of the probation period. The employer is not at fault;
2. Resignation is the termination of the labor contract, which belongs to the termination of the labor contract relationship between the laborer and the enterprise through consultation. Workers often demand compensation or pay social security. , and some enterprises have no strict requirements for both;
3. Resignation applications are often not compensated, and compensation can be obtained according to the relevant provisions of the Labor Contract Law when the labor contract is terminated.
The general procedures for employees to resign and leave the company are as follows:
1, submit resignation request 1 month in advance;
2. The employee supervisor actively communicates with the resigned employees;
3. The resignation application form shall be signed and approved by leaders at all levels;
4. The employee's resignation application is approved, and the resignation handover procedures are handled.
To sum up, if an employee fails to go through the resignation formalities after being dismissed by the company, the company still needs to issue a resignation certificate, transfer the files and social security according to law and settle his salary; If the employee causes losses to the company for personal reasons, he shall be liable for compensation to the company according to law.
Legal basis:
Article 36 of People's Republic of China (PRC) Labor Contract Law
The employer and the employee may terminate the labor contract through consultation.
Article 39
In any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(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 the unit, or the employer refuses to correct it;
(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.