What should I do if I resign one month in advance and don't let me go? I can handle it in the following ways:
1. If the employer is notified one month in advance, you can resign and leave directly without the approval of the leader. The employing unit shall settle the salary according to the actual attendance days according to law, and issue the corresponding resignation certificate.
2. If the unit refuses to leave the job in some way, such as not settling the salary, it is illegal. Laborers may complain to the Labor Supervision Committee or apply for arbitration to the Labor Arbitration Committee where the employer is located. Anyone who refuses to accept the ruling may also bring a lawsuit to the people's court.
The provisions of the Resignation Law:
1. If the employer is not at fault and the employee resigns voluntarily, the employee shall resign voluntarily 30 days in advance in accordance with the regulations and must notify the employer in writing. During the probation period, the employee may notify the employer three days in advance, not necessarily in written form. In addition, before leaving the job, the laborer should make necessary work handover according to the requirements of the employer and return the company's property.
2. If the employer fails to pay according to the law, such as failing to pay social insurance, etc. Workers can directly exercise the right to unilaterally terminate the labor contract relationship with the employer. And require the unit to pay economic compensation.
The legal situations in which a laborer can exercise the right to unilaterally terminate the contract and ask the unit to pay economic compensation are:
1. The employer fails to provide labor protection or working conditions as agreed in the labor contract, and the employee terminates the labor contract;
2. The employer fails to pay the labor remuneration in full and on time, and the employee terminates the labor contract;
3. If the wage paid by the employer is lower than the local minimum wage, the employee terminates the labor contract;
4. The employer fails to pay the social insurance premium for the employee according to law, and the employee terminates the labor contract (calculated from 2008);
5. The rules and regulations of the employing unit violate the provisions of laws and regulations, damage the rights and interests of workers, and the workers terminate the labor contract;
6. The employing unit uses fraud, coercion or taking advantage of a person's danger to make the employee conclude or change the labor contract against his true meaning, so as to make the employee terminate the labor contract;
7. The employer forces labor by means of violence, threat or illegal restriction of personal freedom, and the employee terminates the labor contract;
8. The employer illegally directs and forces the risky operation to endanger the personal safety of the workers, and the workers terminate the labor contract;
9. Other circumstances stipulated by laws and administrative regulations.
Calculation standard of economic compensation:
1. The economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
2. If the monthly salary is three times higher than the average monthly salary of local employees announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the employer is three times the average monthly salary of employees, and the longest period for paying economic compensation to the employer shall not exceed 12 years.
3. The monthly salary refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 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 A laborer may terminate the labor contract under any of the following circumstances:
(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.