Resignation generally requires an application in advance. Unless the unit agrees through consultation, or the unit commits illegal acts, even if the labor contract is not signed, the parties concerned should go through the resignation procedures in accordance with relevant procedures to safeguard their legitimate rights and interests.

According to the Labor Contract Law of People's Republic of China (PRC):

Article 36? The employer and the employee may terminate the labor contract through consultation.

Article 37? 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.

Article 38? Under any of the following circumstances, the employee may terminate the labor contract:

(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.

In general, the process of employee resignation and resignation is as follows:

In principle, employees should submit a written resignation report to the personnel department of the unit thirty days in advance (three days in advance of the probation period) and receive the resignation form. The personnel department conducts exit interviews for employees who leave their jobs, understands the reasons for leaving their jobs, and makes records.

Handle relevant formalities according to the resignation form;

Resigned employees should submit the Resignation Application Form to the department head for signature. If it belongs to the position of department head or above, it may need the approval and signature of senior leaders.

The employee's work permit, employee handbook, work clothes and office supplies shall be recovered from the employee by the assistant of the department to which the employee belongs, and signed by the assistant after confirmation.

The Finance Department will check whether there is any financial breach (including loans and travel reimbursement) between the resigned employees and the company. If there is any breach of contract, it will be repaid on the spot. If there is no breach of contract, the finance department will sign the resignation form for confirmation.

After the resigned employee obtains all required signatures on the resignation form, the personnel administration department will issue a certificate to the employee to dissolve or terminate the labor contract.

The Ministry of Personnel arranges personnel to go to the unemployment insurance agency to handle the filing procedures for termination and dissolution of labor relations; With the audit opinion for the record, terminate the employee's social insurance relationship with the social insurance agency; At the same time, seal the provident fund of the resigned employees. If the resigned employee needs to transfer the provident fund, the personnel administration department will transfer it according to the new account provided by him, and if it is necessary to withdraw it, the employee will handle it himself.

The personnel department will re-file the resigned employees and settle their wages at the same time.