I. There are two situations in which an individual resigns:
1. The employer has Article 38 of the Labor Contract Law, and employees can leave their jobs immediately without the consent of the employer.
2. The employee did not resign 30 days in advance, and the employer did not have Article 38 of the Labor Contract Law. The employee directly submitted his resignation letter and left.
At this time, you broke the law, causing direct economic losses to the employer and the expenses incurred in recruiting you. The employing unit may require the laborer to bear it.
Second, you can send a notice of termination of labor relations to the employer by express delivery or registered mail to facilitate the retention of evidence.
If the employer fails to pay your salary or handle the resignation formalities for you, you can solve it by applying for labor arbitration.
Extended data:
Matters needing attention
When an employee resigns, in general, a formal resignation letter needs to be submitted to the unit.
The resignation letter itself, as an expression of the intention of the employee and the unit to terminate the labor relationship, has legal effect and will have the most decisive influence on the nature of the termination of the labor relationship and the division of responsibilities between the two parties.
Therefore, it is absolutely necessary for employees to think carefully when writing their resignation letters.
In order to enable employees to better safeguard their rights and interests, this paper summarizes the following aspects that should be paid attention to from several cases in which employees' interests are damaged due to resignation in practice, for the reference of employees who want to resign:
1, understand the nature of the right to resign;
As an employee, don't be too hasty or impulsive before writing your resignation letter.
When you want to resign, you must first think clearly about what kind of resignation right you want to exercise. A judgment of this nature needs a certain legal basis.
Employees have three rights to resign. One is to negotiate with the unit, and the unit does not require employees to write resignation letters separately.
Secondly, the employee resigned 30 days in advance. This right of resignation is a right to terminate the labor contract in advance. In reality, there are still some restrictions, and you may be responsible for paying liquidated damages to the unit.
Therefore, when exercising this right, as employees, we should think deeply; The third is the right to resign immediately. This kind of resignation right, employees do not need to bear any compensation or breach of contract responsibility to the unit, but this kind of resignation needs legal reasons.
2. Find a suitable reason to resign;
On the premise of thinking clearly about the right to resign, employees need to determine what kind of resignation they choose, and then find the right reason to resign.
If the negotiation is terminated, only the consent of both parties is needed, and no special reasons are needed; If you cancel the notice, you only need to notify 30 days in advance, and you don't need special reasons.
Immediate resignation requires special reasons, mainly manifested in the unit's failure to pay social security, arrears of wages or failure to pay overtime.
Baidu Encyclopedia-Labor Contract Law