The process of resignation and resignation is usually as follows: 1. In principle, employees should submit a written "resignation report" to the personnel administration department 30 days in advance and 3 days in advance of the probation period, and receive the resignation form. The HR & Administration Department conducts exit interviews for employees who have left the company, to find out the reasons for their departure and make records. 2. Handle relevant formalities according to the resignation form: (1). The resigned employee shall submit the resignation form to the department head for signature. The position above the department head needs the signature of the general manager. (2) The employee's work permit, employee handbook, work clothes and office supplies shall be recovered from the employee by the assistant of the department, and signed by the assistant for confirmation. (3) The Finance Department shall check whether the employees and the company have financial arrears (including loan items and business trip reimbursement). If there are any arrears, they shall be repaid on the spot. If there are no arrears, they shall be signed by the Finance Department for confirmation. (4) After the employee completes 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. (5) The personnel administrative department arranges personnel to go to the unemployment insurance agency to handle the termination and dissolution of labor relations for the record; 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. (6) The personnel administrative department shall, within fifteen days from the date when the employee terminates the labor relationship, go to the unemployment insurance agency to handle the unemployment insurance benefits audit procedures. (7) The personnel administration department will re-file the files of the resigned employees and settle the wages at the same time. According to Article 36 of the Labor Contract Law of People's Republic of China (PRC), the employer and the employee can terminate the labor contract through consultation. Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 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 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. Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
Legal objectivity:
Article 23 of the Labor Contract Law of People's Republic of China (PRC) * * * For the employee who has the obligation of confidentiality, the employer may stipulate the non-competition clause with the employee in the labor contract or confidentiality agreement, and after the labor contract is dissolved or terminated, the employer shall pay the employee economic compensation every month within the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Article 24 of the Labor Contract Law of People's Republic of China (PRC) is limited to the senior managers, senior technicians and other personnel with confidentiality obligations of the employing unit. The scope, area and time limit of non-competition shall be agreed by the employer and the employee, and the agreement on non-competition shall not violate the provisions of laws and regulations. After the dissolution or termination of the labor contract, if the personnel specified in the preceding paragraph go to other employers that have a competitive relationship with their own units to produce or operate similar products or engage in similar businesses, or start their own businesses to produce or operate similar products or engage in similar businesses, the non-competition period shall not exceed two years.