1. The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance.
2. During the performance of the labor contract, if the employer is not at fault, the employee may notify the employer in writing 30 days in advance to terminate the contract. Without the consent of the employer, after the expiration of 30 days, the employer shall settle the salary and go through the formalities of canceling the contract.
3. However, before the expiration of the 30-day period, the employee shall not leave his post without authorization, otherwise it will constitute an illegal termination of the contract and compensate the employer for the losses; 30 days is the time limit for the employer to arrange personnel to take over the work. 30 days before the expiration, the employer may terminate the contract.
If it is a probation period, you should leave your job three days in advance. You can leave your job orally during the probation period, but after the probation period, you should generally notify the unit in writing to leave your job.
5. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer can immediately terminate the labor contract without notifying the employer in advance, and can demand to pay the remaining salary and economic compensation (pay per job 1 year 1 month salary) and go through the resignation procedures.
If an ordinary worker resigns, he shall notify the employer in writing one month in advance; If an employee resigns during the probation period, he only needs to notify the employer three days in advance to terminate the labor relationship.
legal ground
Article 31 of People's Republic of China (PRC) Labor Law
A laborer who terminates a labor contract shall notify the employer in writing 30 days in advance.
Article 37 of People's Republic of China (PRC) Labor Contract Law
The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 of People's Republic of China (PRC) Labor Contract Law
Under any of the following circumstances, the employee may terminate the labor contract:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.