Resignation refers to the behavior that the laborer proposes to terminate the labor contract or labor relationship with the employer. Laborers have the right to choose their jobs freely. Therefore, even if the labor contract has not expired, employees have the right to resign.
1. During the term of the labor contract signed by both parties, the ways in which workers propose to terminate the labor contract are mainly divided into the following three situations:
? ? 1. Resign normally. According to Article 37 of the Labor Contract Law, a worker may leave his post in writing 30 days in advance without the consent of the employer. Among them, the probation period is put forward in writing 3 days in advance; The employing unit has the obligation to settle the wages of workers and go through the formalities of resignation.
2. If the employer violates the law first, such as failing to pay social insurance to the employee, defaulting on the employee's salary, failing to provide the employee with jobs as agreed, etc. If an employee is forced to terminate the labor contract, he can resign immediately. That is, in the case of Article 38 of the Labor Contract Law of the employing unit, the employee can leave his job immediately without the approval of the employing unit, and can ask the employing unit to pay the remaining wages and economic compensation (pay 1 year 1 month salary), and go through the resignation procedures.
3. Workers' illegal resignation. If the employee fails to submit a written resignation 30 days in advance, the employer does not have Article 38 of the Labor Contract Law. The employee directly submitted his resignation letter and left. At this time, employees broke the law. The employing unit may apply for labor arbitration, requiring the laborer to bear the direct economic losses caused by the illegal resignation of the laborer and the expenses incurred in recruiting the laborer.
Second, the legal details that workers should pay attention to when resigning.
? 1. About training. You need to pay attention to whether you have signed a special skills training agreement with the employer. If it has been signed, it depends on whether it is within the service period agreed by both parties when leaving the company. If it is within the service period, it is necessary to pay the liquidated damages shared by the employer in the server that has not been fulfilled.
? 2. About non-competition. You need to pay attention to whether you have signed a non-competition agreement with the employer. Many people may write about professional restrictions in Rainbow Dell, which is unprofessional.
If you have signed a non-competition restriction with the employer, you must ask the employer to confirm whether you need to abide by the non-competition restriction when you leave. If you don't need to comply, then ask the employer to issue a statement to give up the non-competition or an agreement to lift the non-competition Otherwise, if the employer sues you for violating the non-competition restriction and pays huge compensation, it will be too late to vomit blood. It should be noted, however, that the non-competition can only be agreed for 24 months at the longest. During the non-competition period, the employer shall pay you compensation, which shall not be less than 30% of your own salary and not less than the local minimum wage. If the employer requires you to observe the non-competition without paying compensation, you can apply for labor arbitration to demand payment or confirm that the non-competition is invalid.
3. About the resignation procedure.
You can find an employer to settle your salary when you leave your job, and you must go through the resignation procedures. For example, the social insurance relationship and the provident fund relationship are transferred or reduced from the employer. And issue a resignation certificate, because new companies generally require the resignation certificate of the original company. Make a list of the office supplies in your hand and give them to the handover personnel for their signature and confirmation.
4. About the certificate of separation.
In practice, if the unit fails to issue the resignation certificate according to the regulations, it may lead to the workers' inability to enjoy unemployment insurance benefits and damage their legitimate rights and interests. Therefore, in this case, the unit shall be liable for compensation.
? Lack of preferential policies for self-employment and re-employment: According to the relevant regulations of the state, laid-off workers can enjoy certain preferential policies such as taxation and finance if they are re-employed or start their own businesses. To enjoy these preferential policies, first of all, you need to prove that you meet the conditions for enjoying preferential policies by issuing a resignation certificate. Therefore, if the unit does not issue a certificate of resignation, it may lead to workers being unable to enjoy these preferential policies and damage their legitimate rights and interests. Therefore, in this case, the unit may be required to bear the liability for compensation.
? Wage loss caused by not being able to find a job: the resignation certificate is often a document that a new company requires to bear joint and several liability risks in order to avoid recruiting workers who have not yet terminated their labor contracts. Therefore, once a worker cannot provide proof of resignation, the new company may not hire workers.