Active or passive termination of the labor contract, different treatment. Please read the following answers carefully.
I. Passive termination of the labor contract
If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time, or ask the employer to give you a written notice, and then receive a formal written notice (with official seal). If the employer says verbally that you don't have to come to work tomorrow, you won't come. At that time, the employer will say, no one said that you will not be allowed to go to work, but you will be absent from work for several days, and the company will automatically leave according to you.
There are three situations in which an employer dissolves or terminates a labor contract. First, the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer does not need to notify the employee 30 days in advance or pay economic compensation; Second, if the labor contract is dissolved in accordance with the relevant provisions of the Labor Contract Law or the stipulations of the labor contract, and it conforms to Article 46 of the Labor Contract Law, it shall pay economic compensation to the workers in accordance with the provisions of Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an extra month's salary according to Article 40 of the Labor Contract Law. Third, if the employer violates the provisions of the Labor Contract Law and the labor contract, it shall pay compensation to the laborer in accordance with the provisions of Articles 48 and 87 of the Labor Contract, and the compensation shall be twice as much as the economic compensation. See Article 27 of the Regulations for the Implementation of the Labor Contract Law for the calculation scope of economic compensation. The employing unit shall also issue a certificate of dissolution of the labor contract stipulated in Articles 50 and 89 of the Labor Contract Law to the employee, and the contents of the certificate shall conform to the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.
Second, take the initiative to terminate the labor contract
The following is a complete set of methods to terminate the labor contract correctly, including what the employer should give you, things that may harm your rights and interests and ways to deal with them. After you propose to terminate the labor contract, if the employer informs you to leave early, you must be given a formal written notice (seal) by the employer, otherwise the employer will say that you left early without authorization, and you don't know.
Dissolution of the labor contract is the right granted to workers by Articles 37 and 38 of the Labor Contract Law. If you want to terminate the labor contract, you don't need to apply to the employer and get the approval of the employer. It is your decision to terminate the labor contract. You only need to notify the employer according to law to prove that your written notice has arrived. Then your procedure for dissolving the labor contract conforms to the provisions of the Labor Contract Law, and you are not liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer has one of the situations mentioned in Article 38 of the Labor Contract Law, you not only need not advance 30 days, but also can request economic compensation according to Article 46 of the Labor Contract Law. If the employer does not infringe upon your legitimate rights and interests, there is no economic compensation for you to propose to terminate the labor contract. As long as there is no Article 25 of the Labor Contract Law, it is illegal to stipulate that the liquidated damages shall be borne by the workers.
After the decision (or notice) to terminate the labor contract is submitted, whether it is approved or not is not important. The key is for someone to sign for it as proof of dissolving the labor contract according to law, otherwise the bad company will say that you left your job voluntarily and didn't hand in your resignation report, so it's hard for you to make a statement. You submit the decision or notice to terminate the labor contract 30 days in advance (3 days in advance of the probation period, the same below). If no one signs for it, you can send it to the post office by courier, fill in the "Decision Letter (or Notice) of Dissolving the Labor Contract" in the "Name of Internal Parts" column, and keep the receipt as evidence, plus the labor contract is enough. If the employer pays your salary on the last day of work, you can apply to the local labor dispute arbitration committee for arbitration.
The following contents should be clearly stated in the decision or notice to terminate the labor contract:
1 I am personally responsible ................................................................................................................................................. ............... If the employer does not infringe your rights and interests, you can write personal reasons) and decide to terminate the labor contract with the company and work until a certain day at the latest;
2. Please inform the company in writing (the notice must have the company seal, otherwise it will be invalid) that I will hand over the work with someone on a certain day. If I don't receive a valid written notice, I will be regarded as the company doesn't need to hand over the work by myself, and I won't bear any responsibility for the inconvenience or loss caused to the company;
3. Please settle the wages and other related expenses stipulated in the Labor Contract Law with me according to the provisions of Article 9 of the Interim Provisions on Payment of Wages on Work Handover Day, and provide me with the certificate of dissolution of the labor contract stipulated in Article 50 of the Labor Contract Law, the contents of which shall conform to the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters should be completed before the last working day (off-duty time).
Three, active or passive termination of the contract are applicable to the content
Pay attention to keep the written notice and handover list that the company requires you to hand over to someone, which are important evidence for you to handle the handover according to law when your rights and interests are infringed. If the employer fails to send a handover notice to someone, it can be regarded as unnecessary handover. See Article 9 of the Interim Provisions on Wage Payment and Article 50 of the Labor Contract Law for the time of wage payment when the labor contract (or labor relationship) is dissolved. If the payment is not made on time, it can be handled according to Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contract 10 or Article 85 of the Labor Contract Law. The difference is that the former can claim directly, and the latter can claim only after the labor department orders it not to pay.
Look at my answer above, you can't fully understand my answer until you know what the title is about.
My Baidu space has the above legal provisions, you can check it.