On the one hand, the enterprise must be notified in "written" form and will not accept the resignation by mail. E-mail usually has no evidence. E-mail is stored on the server of the enterprise, so it is not easy for the resigned employees to extract the evidence.
At this time, employees need a written resignation letter. The paper resignation letter needs the employee's autograph, and the resignation letter is generally handed over to the immediate superior or the human resources department of the enterprise.
In the resignation letter to the enterprise, how can employees prove that they have notified the enterprise in "written form" according to the requirements of the labor law? What employees can do at this time can only be to ask the enterprise for a receipt of the resignation letter when submitting the written resignation letter. If this is not easy to handle, only witness cards can be used, which may be useful in labor arbitration, but usually ineffective in court, because witness cards are generally colleagues of enterprises, and the court can consider them as interested parties.
On the other hand, to handle the work handover, according to the labor law, although employees can no longer go to work after 30 days, they must handle the work handover. Of course, the work handover is arranged by the enterprise. If the enterprise doesn't arrange it, it's best to write a work handover list, explain the work and the arrangement of working hours in writing, and submit it to the immediate superior or the human resources department in duplicate, and keep one copy, with the official seal of the enterprise or the signature of relevant personnel.
If the work is not handed over, the enterprise can deduct the salary after the handover and pay it after the handover. Enterprises may also make things difficult when transferring files, social security and resignation certificates to employees. Although withholding files and social security does not comply with labor laws and regulations, enterprises often do so, and lawsuits will lead to an increase in turnover costs.
When resigning, most enterprises will legally do what they should do as employees and keep the attitude of consultation and communication with enterprises. For a few companies that don't obey the law, employees can only use legal weapons to safeguard their legitimate rights and interests.
Extended data
Workers should also fulfill their contractual obligations when they resign.
Although the law guarantees the right of workers to resign, for some workers in confidential or special positions, resignation is not as simple as "leaving". From 2065438 to September 2008, Zhang Xiaoping's resignation from Xi 'an Aerospace Power Research Institute caused a heated discussion. On September 27th, official website of Xi 'an Aerospace Power Research Institute issued a statement about Zhang Xiaoping's resignation. According to the statement, since Zhang Xiaoping is an important national confidential personnel, according to the secrecy law and relevant regulations of the unit, she must be decrypted at the non-confidential post in the institute before resigning, and the decryption period is 2 years.
However, his voluntary resignation has brought great hidden dangers to keeping state secrets and technical secrets of the unit. Subsequently, the Institute of Aerospace Dynamics filed an arbitration application with the Angolan Labor Dispute Arbitration Commission, demanding that Zhang Xiaoping continue to perform the employment contract and return to the Institute for decryption according to the declassification deadline.
According to the provisions of the Labor Contract Law, the employer may agree with the employee on a non-competition clause for the employee who has the obligation of confidentiality, and agree to give the employee economic compensation every month during the non-competition period after the termination or dissolution of the labor contract. The maximum period is two years. However, many employers only stipulate the obligation of non-competition in the labor contract or confidentiality agreement, and do not agree to compensate the workers after the termination or dissolution of the labor contract.
According to a data from Haidian Court in Beijing, 62. 14% of the workers asked the employer to pay economic compensation for non-competition, which was supported by the court. Liquidated damages for non-competition, economic compensation for non-competition and continued performance of non-competition agreement are the main items of labor disputes, accounting for about 97%. Shen Jianfeng told reporters: "Non-competition should be agreed through non-competition agreement. If there is no agreement, workers will have the freedom to choose their jobs. If there is an agreement, economic compensation shall be paid to the workers on a monthly basis. "
Laborers have the right to resign, but at the same time they should fulfill their due obligations in accordance with the contract. Shen Jianfeng reminded that in the absence of a non-competition agreement, although employees can engage in competitive industries after resigning, if the business secrets of the original employer are infringed, employees should bear tort liability. "In addition, from a legal point of view, if an enterprise provides special expenses for specific workers and conducts professional and technical training, it can also stipulate the service period and liquidated damages. In this case, workers will not be free to terminate the labor contract. "
China News Network _ Why can't employees resign and put on a drag-and-drop tactic?