The reasons for the termination of the labor contract between the employee and the employer may be their own reasons, or the employer's reasons, family or other factors. The difference between the two is mainly the project set by the employer in order to improve the turnover rate.
Whether an employee resigns or not depends on the employee himself. The employee resigned without reason. If an employee resigns, he only needs to notify the employer in writing one month in advance to terminate the labor relationship.
Article 37 of the Labor Contract Law of People's Republic of China (PRC) * * * A laborer 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.
I. There are three situations in which an individual resigns:
1. The employing unit has Article 38 of the Labor Contract Law, and the employee can leave the job immediately without the approval of the employing unit, and can ask the employing unit to pay the salary and economic compensation (salary per job 1 year 1 month) and go through the resignation procedures.
2. It is illegal for a worker to submit his resignation letter 30 days before leaving his job, and the employer does not have the provisions of Article 38 of the Labor Contract Law. Therefore, the employer may require the laborer to bear the direct economic losses and the expenses incurred in recruiting the laborer.
3. According to Article 37 of the Labor Contract Law, without the consent of the employing unit, the employee may submit a written resignation 30 days in advance and a written resignation 3 days in advance during the probation period; The employing unit has the obligation to settle the salary and go through the resignation formalities.
Second, the laborer can send a notice of dissolution of labor relations to the employer by express delivery or registered mail (in layman's terms, resignation letter and resignation report), which is convenient for retaining evidence. If the employer fails to pay the employee's salary or handle the resignation formalities for the employee, the employee may apply to the labor dispute arbitration committee where the employer is located for labor arbitration;
Three. Relevant legal basis:
Labor Contract Law
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 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of a municipality directly under the Central Government or the people's government of a city divided into districts, economic compensation shall be paid to the workers ..... >>
Question 2: Personal Resignation Letter Dear Leader:
Hello!
I am very grateful to the company for providing me with this platform to develop my talents, but I deeply feel that I am increasingly incompetent for this job. How many times have I thought, can I do it? Especially if I do something wrong.
Sometimes, I am confused and at a loss. There is always a certain distance between ideal and reality, which runs counter to what I expected. Although I want to quit my job as a cashier, I hope you will take this matter seriously and allow me to resign.
Now for personal reasons, although the company's affairs are quite complicated, it is really good for cultivating people. I also learned a lot from them and accumulated a lot of experience. This is a school.
Things that are not in books. However, these are not enough. I am still very difficult to be competent, and I feel under great pressure, which has failed to live up to your teaching and expectations! I know it's not a good time to leave now, but please rest assured that I will.
Hand over the work at hand.
I wish the company all the best!
I am here to convey
Salute!
Resignator: I want to resign.
August 8, 2065 438+06
Question 3: Do I have to write a resignation report? The party concerned wants to resign. According to the procedure, the application for resignation should be submitted in writing. The resignation report should be simple, but true and reasonable. You can refer to the following model essay.
Resignation report (model essay)
Dear company leaders:
I can't continue working at present because of xxx. After careful consideration, I decided to resign on X, X, and hereby submit my resignation report to the company. I hope you can find the right person to take my place in time.
Resignator: xxx
Date, year and month
The reasons for leaving the company are as follows:
1, I feel that my personal development space in the company is limited;
2. There is a big gap between salary and personal expectation; (Note: If the salary is lower than the average level of the same position in the same region 15%-20%, employees will complain to the company; The salary is 25% lower than the average level of the same position in the same region, and employees will most likely choose to leave)
3. The mutual credit between employees and leaders is poor, employees have difficulty communicating with their superiors, and their ideas are not valued by their superiors;
4. Disagreement with leaders in the company's philosophy (this article mostly occurs in the resignation of executives);
5. The interpersonal relationship of the enterprise is too complicated, which leads to employees' depression and depression;
6. Company restructuring, changes in shareholders or major operators, and adjustment of resignation;
7. Personal reasons (such as choosing to start a business, leaving the city where the enterprise is located, going abroad, taking postgraduate entrance examination, etc.). ) choose to leave;
8. The company's career planning for employees is unclear, and there is a big gap with personal expectations in terms of employee promotion, training, salary increase, motivation and taking on more work responsibilities. Employees feel that there are fewer opportunities for growth and choose to leave;
9. Poor office environment, such as radiation, noise and passive second-hand smoke; (This item accounts for a certain proportion of the reasons why women leave their jobs);
10, the contract expires or the project (project) expires.
According to the Labor Contract Law of People's Republic of China (PRC)
Article 36 The employing unit and the employee may 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.
Question 4: How to write a resignation report for personal reasons Dear leader: Hello, first of all, thank you very much for your concern and care over the past year, which has taught me a lot and experienced many things. Due to my limited ability, many omissions and defects in my work can be tolerated by you and taught me to keep moving forward, which makes me sincerely grateful. My every move in the position of front desk service represents the hotel, but this year, I have not fulfilled this responsibility in my ideological understanding and practical work. After careful reflection, the main reasons for resigning are as follows: First, my work operation is mechanized, and there is no innovation and novelty. Second, the work is neglected in management and the enthusiasm is not high. The service lacks flexible information and active information. Third, the self-regulation ability is poor and emotional. Fourth, lack of sales awareness and skills, low rate of housing information. Fifth, the service consciousness is weak, and the customer's needs are not really put in the first place. Six, lack of communication and communication, information feedback is not timely, leading to uncoordinated work. Seven, after the transformation of microcomputer, lack of sense of responsibility, not timely data statistics and information management. I know it is difficult for the leaders to make such an application at this time, and I want to express my deep apologies. For the sake of the image and interests of the hotel, I chose to leave, hoping that the leader can approve it! Salute! More resignation letters: kindness/
Question 5: How to write a resignation letter when resigning for personal reasons? Resignation is an event involving both emotion and law, and it is usually the most prone to disputes. A good resignation letter can give both parties proper reasons to break up and make both parties save face. Therefore, the best resignation letter is a win-win situation.
In my column, there are: the best resignation letters are in Chinese and English, and German is not needed for the time being, hehe.
Question 6: How to write a resignation letter for personal reasons can be written according to the specific provisions of Article 3 1 of the Labor Law and Article 37 of the Labor Contract Law. Fan Wen can know through Baidu, and search Baidu Library to find a reading reference for the model essay "Resignation Letter, Resignation Letter, Resignation Report, Resignation Notice, Notice of Dissolution of Labor Contract (Employee to Employer)" written by the author "Shui 6 yuan".
Article 3 1 of the Labor Law stipulates that a worker shall notify the employer in writing 30 days in advance when he terminates the labor contract.
Article 37 of the Labor Contract Law: 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.
Question 7: Is it the employer's fault that he doesn't want to write a resignation report? The employer can terminate the labor relationship with you (dismiss) in the following three situations. You can apply to the local labor bureau for labor arbitration, if you should pay economic compensation or compensation instead of paying you:
1. If the employer terminates the labor relationship with you without any reason and fails to pay any economic compensation, and you don't have the circumstances stipulated in Article 39 of the Labor Contract Law, you can conclude that the employer's behavior belongs to the illegal termination of the labor contract stipulated in Article 87 of the Labor Contract Law, and should pay you compensation, that is, you should be paid two months' salary for each year of work;
2. If the employer terminates the labor relationship with you in accordance with the provisions of Article 19 of the Regulations for the Implementation of the Labor Contract Law and conforms to the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, pay you one month's salary for each year of work;
3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance to terminate the labor contract with you.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
Question 8: How to write the resignation report? It is best to simply report your resignation.
Dear company leaders:
Because of XXXX, I decided to resign on X, X, and hereby submit my resignation report to the company. I hope you can find the right person to take my place in time. Delete the name
time
Question 9: How to write the reason for resignation on the resignation application? Hello, I'm glad to answer your questions:
There are many reasons for personal resignation. I quote Ma Yun as follows:
There are many reasons for employees to leave their jobs, only two of them are the most real: 1, money is not given in place; 2, heart, injustice. These boil down to one thing: not doing well. Employees leave their jobs to find reliable reasons, just to save face for you, and don't want to tell you how bad your management is and how disappointed he is in you. Come to think of it, human nature is really good. As a manager, you must be willing to reflect.
But you can't just say these two points when you leave, otherwise the human resources people won't approve them for you smoothly. I found some model essays from the Internet:
Resignation Report Fan Dear Leader: I regret to formally submit my resignation to the company at this time. I joined xxx Co., Ltd. on, and transferred to xx Department on, and it has been half a year. It is here that I began to set foot on the society and completed an important change in my personal life ―― from a student to a social person. In the past six months, the company gave me a good opportunity to study and exercise, learned new things, enriched myself and increased my knowledge and practical experience. Sincerely thank the company for its care for more than half a year! I chose to leave today, not because I was afraid of my present job and couldn't bear it. After careful consideration, I find that my work in the company is gradually drifting away from my career goals. If people deviate from their career goals, the rest of their lives will only be wasted and will not bring any value to the company. I believe the company leaders can give them full understanding. I am also very aware that it is a test for me to resign from the company at this time. When the company employs people, the company's projects are in progress, and the previous work attaches great importance to the next step. Considering the rationality of the company's future promotion, in the spirit of being responsible for the company, in order not to let the company make mistakes in decision-making because of me, I solemnly submit my resignation to the company, hoping that the company will give me approval. I wish the company's projects progress smoothly and create more glories, and I also wish the company's leaders and colleagues a bright future and a cloudless Wan Li! Signature of resignation: March 25, 2009 ...............................................................................................
Resignation report model
Manager XX: I have mixed feelings in writing this resignation letter. Because of your trust in my ability, I was able to join the company and gained many opportunities and challenges in just a few weeks. In the past few weeks, I have learned a lot of knowledge and accumulated some experience in the beauty industry. I am deeply grateful for this! I am satisfied with the company's working environment, team, pressure and even personal preferences. However, due to some personal reasons, I have to apply to the company, hoping to officially leave on April 6 this year. Thank you for providing me with a stage to show my talents, for giving me an opportunity to work with a group of excellent employees, and for your support and encouragement during our work together! I am deeply sorry for the inconvenience caused to the company. But at the same time, I also hope that the company can sympathize with my personal reality, consider my application and approve it. Signature of resignation: March 25, 2009 ................................................................................................................................................................
Resignation Report Fan Wensan Dear Boss: Hello! First of all, thank you very much for your trust and care over the past six months. During this time, I carefully reviewed my work in the past six months and felt lucky to work in xx Hotel. I have always cherished this job, and I am grateful to my boss for his concern and teaching for more than half a year. During more than half a year working in xx Hotel, I learned a lot, both in communication and life. Thanks to the boss's concern and training, I can only express my deep apologies for leaving at this moment. I am grateful that this job has given me a good exercise opportunity, but at the same time, I also find that I am willing to do this job, but there is nothing I can do. I'm a little overwhelmed by the long work. So I decided to resign, please support me. Please forgive my decision. In order to complete the work handover, I will leave the hotel after the end of the year. It's a pity that I can't contribute to the brilliant tomorrow of the hotel. I can only sincerely wish the performance of xx Hotel soar! Boss and everyone ... >>
Question 10: Is the reason for resignation written on the application form of dismissal impersonal? If you are dismissed, you can't write a resignation application. If the employee signs the resignation application form, you can't be dismissed, and you won't get the dismissal compensation.
Labor Contract Law
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 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.