Article 37 of the Labor Contract Law stipulates that the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. Therefore, formal employees should apply for resignation in writing one month in advance, but it is not mandatory.
Article 9 of the Interim Provisions on Payment of Wages stipulates that if the labor contract is dissolved or terminated by both parties in labor relations according to law, the employer shall pay the employee wages in one lump sum when dissolving or terminating the labor contract. Article 15 stipulates that the employer shall not deduct the wages of workers. Therefore, it is illegal for the employer to deduct your salary, and you can apply for labor arbitration according to law.
Extended data
Other relevant provisions of the Labor Contract Law on dissolution and termination of labor contracts:
Article 36 The employing unit and the employee may terminate the labor contract through consultation.
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.
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.
References:
Ministry of Human Resources and Social Security-People's Republic of China (PRC) labor contract law
Interim Provisions of Ministry of Human Resources and Social Security Municipality on Wage Payment