1. Article 37 of the 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.
Note: As the probation period stipulated in Article 19 of this Law is included in the term of the labor contract, there is no probation period without the labor contract, and the de facto labor relationship can resign at any time, but it is recommended to give a written notice.
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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. -46, 47, 48, 50, 82, 83, 87 and other laws, please read them yourself. ...
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Second, the operation skills to find a labor contract to perform (the actual labor relationship is regarded as a labor contract-see the Notice on Establishing Labor Relations), you can also check the receipt (you can do it by courier), so it is recommended to send more important documents. At present, it is widely used, such as workers' written notice of resignation and filing lawsuits to avoid exceeding the limitation of action.
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1. Write clearly "Resignation Letter"+"Company Violation (write details: if you don't sign labor contract or pay social security for more than one month)" or "Personal reasons" in the cover summary column:
A. If the cover and resignation letter contain conclusive evidence that the company complies with the first paragraph of Article 38 of the Labor Contract Law, write "The company violated the law and did not sign the labor contract", and the letter indicates that the date when the company signed your resignation letter is the last working day. If the company does not send a letter to designate a special person to hand over the work with you in time, it is deemed that there is no need to hand over the work; The company must settle the procedures of economic compensation, wages, social security transfer, sealing up or withdrawing the housing provident fund for the workers in accordance with Article 50 of the Labor Contract Law and the relevant regulations formulated by provinces and municipalities directly under the Central Government in accordance with the Interim Provisions on Wage Payment and the Regulations on the Management of Housing Provident Fund, otherwise it reserves the right to pursue the legal responsibility of the company.
B, write a simple four-word "personal reasons" without evidence or other personal reasons, and the last working day shall be determined according to Article 37 of the Labor Contract Law; If you don't need to indicate the company's illegal situation, the cover and resignation letter are basically the same as A.
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2. The cover signer should write clearly the name of the legal representative of the company, or interview your leader, or the leader of the personnel department, or your direct leader; If it is not the legal representative, it shall be clearly stated and signed to the legal representative; For example: Zhang San, the legal representative of a company (Li Si, director of personnel department, Wu Wang, manager of sales department or other members of the company can sign and hand in, and anyone who signs must provide his ID number, company position and other information on the receipt), company contact number, company registered address or current resident office address ";
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3. Ask the courier to ask the legal person of the company to go to the computer to inquire about the form on behalf of the industrial and commercial bureau where the company is registered, or interview your leader, the leader of the personnel department, or your direct leader to sign it (if it is not the legal representative, it should be stated that it should be signed and handed over to the legal representative; If it is signed by the legal representative, its name, ID number, company position and other related contents shall be indicated); Your signature on the resignation letter should be stamped with the thumb print of your right hand and have a copy, which is the evidence to sign with EMS express when applying for labor arbitration; Copy and file the receipt as soon as it appears (keep a good relationship with EMS courier, leave his contact number, etc ... Be sure to stamp the official seal of EMS outlets-now EMS has launched a quadruple envelope specially for receipt, you should tell EMS to take such an envelope and give you a resignation letter, so that EMS can stamp the official seal completely on the receipt;
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4. If all employees of the company refuse to sign, you can find the relevant written evidence that EMS wants to refuse to sign. ...
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Three. Articles: Notice on Establishing Labor Relations, Labor Contract Law, Regulations for the Implementation of Labor Contract Law, Measures for Economic Compensation for Violating and Dissolving Labor Contracts, Measures for Compensation for Violating Relevant Labor Contracts, Labor Law, Labor Law Interpretation I, Labor Law Interpretation II, Labor Law Interpretation III, Labor Law Interpretation IV, Labor Dispute Mediation and Arbitration Law, etc. Implement some provisions of the Social Insurance Law of People's Republic of China (PRC), Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Refusing to Pay Labor Remuneration, Some Provisions of the Supreme People's Court on Evidence in Civil Proceedings, General Principles of Civil Law, Contract Law, Company Law and Enterprise Bankruptcy Law, etc.
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My answer is for reference only. For detailed guidance, please refer to: Labor Law Consultant Han Fei ();