Idea recovery.
After resigning,
you can take away everything that belongs to you.
Everything that belongs to the unit is left behind.
If you refuse to hand it over, report it to the Labor Bureau, which will order it to be handed over.
If you really want to leave, submit your resignation notice to your boss 3 days in advance during the internship period and 30 days in advance during the non-internship period. Whether the boss approves or disapproves, agrees or disagrees, you will have to follow the law. If you leave, the boss will be responsible for the consequences, and it has nothing to do with you.
Resignation means resigning from the position. It is an act by the employee to propose to the employer to terminate the labor contract or labor relationship.
There are generally three situations for resignation:?
First, the labor relationship is terminated immediately in accordance with the law, such as the employer violently or threateningly forces employees to work, or fails to pay wages as agreed in the contract, etc. , employees can request the employer to terminate the labor contract at any time;
The second is to notify the employer in writing 30 days in advance to terminate the labor contract based on the employee's own choice;
Three An application is made to the employer, and both parties agree to terminate the contract.
Before resigning from the company, employees worked for the company and worked hard. The company should pay the employees corresponding labor remuneration, and the wages owed should be repaid. If it is not paid, it is considered as wage arrears and is illegal. You can report it.
1. Complain to the local labor inspection department, or call the hotline 12333.
2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.
3. Go to the local People’s Court to file a lawsuit and apply for a payment order.
Based on the Labor Contract Law
Article 30 The employer shall pay labor remuneration in full and in a timely manner in accordance with the labor contract and national regulations.
If the employer defaults or fails to pay labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 77 If the legitimate rights and interests of workers are infringed upon, they have the right to request the relevant departments to handle the matter in accordance with the law, or to apply for arbitration or initiate litigation in accordance with the law.
Article 85 If an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; if the labor remuneration is lower than the local minimum wage standard, it shall pay other If the balance is not paid within the time limit, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount payable.
When an employee resigns or terminates the labor contract with the employer, the following situations usually occur according to the Labor Contract Law:
1. The employer falls under Article 38 of the Labor Contract Law , after the employee proposes to terminate the labor relationship in writing, he or she can leave immediately without the approval of the employer, and can request to pay the remaining wages and economic compensation (one month's salary for every year of work) and go through the resignation procedures, etc.; p>
2. According to Article 37 of the Labor Contract Law, employees who submit a written resignation letter 30 days in advance can resign without the approval of the employer. Among them, the probation period must be submitted in writing 3 days in advance; the employer is obliged to settle the salary and go through the resignation procedures.
3. The employer does not fall under Article 38 of the Labor Contract Law. If an employee directly submits a letter of resignation and leaves, the employer will suffer direct economic losses and expenses incurred in recruiting the employee. , the employer can require the employee to bear it.
Relevant laws and regulations:
"Labor Contract Law"
Article 37 The employee may notify the employer in writing 30 days in advance. Terminate the labor contract. During the probation period, the employee can terminate the labor contract by notifying the employer three days in advance.
Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:
(1) Failure to provide labor protection or labor conditions as stipulated in the labor contract ;
(2) Failure to pay labor remuneration in full and on time;
(3) Failure to pay social insurance premiums for workers in accordance with the law;
(4) ) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in paragraph 1 of Article 26 of this Law;< /p>
(6) Other circumstances under which employees may terminate labor contracts under laws and administrative regulations.
If the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates the rules and orders or forces risky work that endangers the personal safety of the employee, the employee may immediately terminate the labor contract , without prior notification to the employer.
Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the worker:
(1) The worker shall comply with the provisions of Article 38 of this Law The labor contract is terminated;
(2) The employer proposes to the employee to terminate the labor contract in accordance with the provisions of Article 36 of this Law and negotiates with the employee to terminate the labor contract;
(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 Article 41, Paragraph 1 of this Law;
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(5) Unless the employer maintains or renews the labor contract by improving the conditions agreed in the labor contract, and the employee does not agree to the renewal, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law. ;
(6) Terminating the labor contract in accordance with the provisions of Article 44, Paragraph 4 and Paragraph 5 of this Law;
(7) Other matters stipulated by laws and administrative regulations situation.
Article 47: Economic compensation is paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.
If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.
The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.
Article 50: The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days.
Labourers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed.
The employer shall keep the text of the terminated labor contract for at least two years for future reference.
Appendix: How to write a resignation letter
Resignation applications are usually made by It consists of five parts: title, title, body, conclusion, signature and date.
1. Title
Write the name of the resignation letter in the middle of the first line of the resignation letter. Generally, a resignation letter consists of the same reason and genre name, that is, with "Resignation Letter" as the title. The title should be eye-catching and the font should be slightly larger.
2. Title
It is required to write the name or title of the unit organization or leader who accepted the resignation letter in the top box of the line below the title, and add a colon after the title.
3. Text
The text is the main part of the resignation letter. The text generally consists of three parts.
First of all, you must write the content of the letter of resignation, so that people can understand it at a glance.
Secondly, describe the specific reasons for submitting a letter of resignation. This content requires you to list the details of your resignation one by one, but you must pay attention to the unity and completeness of the content, and analyze it step by step so that people can understand it at a glance.
Finally, you should write down your determination to submit your resignation letter, your specific personal requirements, and the problems you hope the leader will solve.
4. Ending
At the end, it is required to write the words "I salute you" to show respect. The meaning is very clear: I salute you here.
Two ways of writing "Yours sincerely"
The first way of writing: Write "Sincerely" in a new line with two spaces below the text, and write "Sincerely" in "Sincerely" On the next line, write in the top box. It should be noted that there is no punctuation after "Sincerely" because the sentence is not finished. Add an exclamation point after "salute" to express the sincerity and intensity of the blessing.
The second way of writing: write "Sincerely" immediately after the main text (no punctuation afterward), and write "Salute!" in the top space of another line.
The word "Salute" here is The top pattern echoes the title of the addressee at the beginning and is a continuation of the tradition of "heading up" letters in ancient times. Letters in ancient times were written vertically. When the writing involves the name or title of the recipient, the name or title of the recipient must be mentioned at the top of the next line to show respect. Its basic practices have been absorbed by modern letters.
5. Signing
The signature of the resignation letter requires the name of the person resigning and the specific date of submitting the letter of resignation.
Pay attention to taboos
1. Don’t speak ill of your boss. If you feel it is necessary to raise a problem with your boss to management, try to raise it orally in tactful terms.
2. Don’t complain and criticize the company system.
3. Don’t blame your colleagues, and especially avoid writing your colleagues’ “crimes” in black and white in your resignation letter.
Writing requirements
1. Be sincere and tactful.
2. Don't criticize the other person.
3. Implicit.
4. Simplicity.
Writing method
First paragraph: Write about your psychology of resigning (of course it doesn’t have to be true, you can make it up yourself). You can write some polite sentences. For example: After many considerations, I plan to resign from the position I am working in..., or: Due to family changes, I plan to apply to resign from my job.
Therefore, the entire first paragraph can be written as follows:
Dear Human Resources Manager:
Hello!
After careful consideration, I have decided to resign from my position in the company. I know this is a very difficult decision for you to make.
Second paragraph: Explain the time when you are considering resigning (although after you submit your resignation and the company agrees, the company's human resources department will handle the resignation procedures according to the fixed resignation schedule, but this is not superfluous. , in most cases, you can get time to leave early).
For example:
I am considering leaving the company within 2-4 weeks after submitting this resignation, so that you will have time to find suitable candidates to fill the gap caused by my resignation. At the same time, I can also assist you in onboarding training for new employees so that they can become familiar with the work as soon as possible. In addition, if you think it is more suitable for me to leave my job within a certain period of time, you may wish to give me a suggestion or let me know as soon as possible.
The third paragraph: Explain your experience accumulation in this company, and praise the company for cultivating you as much as possible (no matter how grievance and anger you have, you should not reveal it in your resignation letter) .
For example: I attach great importance to my experience in "...company", and I am honored to have been a member of "...company". I am convinced that I am in "...company" This experience and experience will bring great benefits to my future career development.
Finally, be sure to use an autograph, be as strong as possible, and write the date.
Appreciation of the beautiful letter of resignation from an outstanding person that has been liked by thousands of people
1. Dear leaders:
To express the general trend of the world, if we divide for a long time, we will unite, and if we unite for a long time, we will divide. ! Although it comes from the ancient book Three Kingdoms, I think it is also helpful to today's affairs.
The world today is facing a century-old economic crisis. Looking at the global economic situation, it can be said that people are suffering everywhere, people are in dire straits, and manufacturers, workers, and migrant workers are all complaining. Someone in the company feels this, and can't help but think about his own situation, and he can't help but cry out in sadness. !
Si Benbuyi was born in poverty since childhood, and worked hard in the land of Xingzhou in southern Hebei Province. He managed to survive in this world, not seeking knowledge and wealth, but seeking food and clothing to survive. However, the reality is so cruel. It has been more than a year since Si started working at our company in early April last year. There have been several springs and autumns, several winters and summers, and more than 300 days and nights have passed. Thinking back to the beginning, Yu Benyi was an ambitious young man, young and frivolous, with lofty dreams. He wanted to display his ambitions in the company. On the one hand, he would add glory to the group, and on the other hand, he would add more food and clothing to himself. Wouldn't it be nice to have the best of both worlds?
Unfortunately, in one year, not only did I not show off my skills, but I was also strapped for money, heavily in debt, frugal on food and clothing, and avoided gatherings. There are those who leave friends; there are those who despise them; there are those who despise them. It's all because Si, an outstanding young man in the past, completely lost himself to this point. The company's monthly salary of 900 yuan is actually the sum of basic salary, job allowance and meal allowance.
All the friends said: "It's so bad that you are so unintelligent that you can tolerate it till now. What's the point of not dying?" The earth and the middle are worthy of the air; however, I was born in a peasant family, and I can endure all hardships and hardships. However, in the end, all my efforts are in vain. I have worked hard and have no food and clothing. My face now looks like an old man. Why? If you don't have enough food, you don't have enough strength, and your talent and beauty don't show up, you are like a thousand-mile horse. Although it has the ability to run a thousand miles, it has no choice but to starve to death in the pen.
Although I am not talented, I dare not think of myself as a thousand-mile horse, but I know that I am not mediocre.
To stand in this world, one needs a skill. Mr. Si has a very low self-esteem and dare not claim to be knowledgeable. However, dealing with writing is not an issue. However, over the past year, every time he has asked himself, he beats his chest and stamps his feet. His head grabbed the ground, almost ready to shed tears. Why? During the long night, I couldn't sleep alone, tossing and turning, recalling the past in my humble room, feeling ashamed that I looked up to my mentor like Yan Yuan, and ashamed that my classmates gave me the title of academic hegemon.
The only thing I do every day is "cleaning"...that is, cleaning a few rooms, pouring water and serving tea, wiping tables and chairs, greeting people and sending them off, being hypocritical and polite, and dealing with "leaders" between. Day after day, month after month, since I was appointed, I have been sighing all day and night, working diligently, fearing, fearing omissions and slacking off... Now I put my knees up and sigh to myself, how sad it is!
The peach blossoms have faded in spring, too hastily, and the years are like water, passing through spring, summer, autumn and winter in a flash. Looking back blankly, how much did you gain?
How much was lost? Today I have to take a brief inventory: Income - Material: After working for 12 months, 600 per month for the first three months, 900 per month for the next nine months, a mere thousands, which is not enough for Si to provide food and clothing for a year, let alone clothing. Play and live a quality life; Mentally: I have been hit hard and have mastered a new skill in the past year, namely cleaning. After all, Si is a tall man and a bachelor's degree. He is not talented and should not be reduced to the list of cleaners. also.
As a result, the young and frivolous heart of Simou suddenly became old and no longer energetic. For a year, Simou was obedient and served others more than he cared about himself. All he wanted was food and clothing every day, but with the price of goods Soaring, the solution to this problem is not available. What was lost - time was lost, youth was wasted, edges and corners were worn away, good years were wasted, parents, brothers and sisters were ashamed, and human dignity was completely lost.
However, the only reason why Si, a young man in his prime and in his prime, is so depressed that he is still trying to persevere until now: He is just waiting for the legendary salary increase that everyone is looking forward to, in order to satisfy Si's life needs. Need, it's really pitiful. It's because Si was so young and ignorant that he foolishly waited for a year, but in the end it didn't work.
My husband has no hope of repaying thousands of foreign debts, so someone suddenly realized: This is the grave of young people, and its function is to obliterate dreams, bury youth, kill fighting spirit, destroy edges and corners, and waste time, that's all. . Therefore, the enlightened Si will not spend time here now and part ways.
It is said that the world will be divided if it is divided for a long time, it will be united, and if it is united for a long time, it will be divided! Since Si is no longer here, it is inconvenient for Si to continue disturbing your place. Since we cannot cherish each other, why not separate from each other. From now on, we will forget each other in the world! With a decisive attitude!
I sincerely ask the enlightened leaders to allow a humble and incompetent employee to resign. I would be very grateful!
Year*month*day
2. I am resigning with great sadness. I hope to say goodbye to the Tianshan Mountains, travel eastward for Buddhist scriptures, travel thousands of miles home, and travel to the capital to study. It has been cold for more than ten years, and the love in Jixia is strong.
Once you have completed your studies, look northeast and you will see that at the age of two or three, you will be in your prime, be diligent and diligent, and eat at night and at night. Seeking justice in the vast world, I have no regrets even though I am busy. Unconsciously, spring passes and autumn comes, cold books and summer heat change each other, white clouds and blue dogs, vicissitudes of life, fifteen years of time have passed by in a blink of an eye. However, the book business is full of energy, and the search for it is a waste of time.
The aspirations in the heart are hard to eliminate. The fetters hold me back, and I suddenly feel like I'm missing. Desire for food and drink, self-service is in vain. I've spent all my life, but I haven't seen any skills. The official career is all clouds. Gentleman Kaiti, God has worked hard for you. The wind and rain are like darkness, and the golden pheasant crows alone. The feeling of returning home, how can we live with ourselves?
Since I have been investigating, I have not sought to be prominent in court, but I hope that I will be worthy of my conscience. Although the heart is a servant of the body and is in conflict with the disease, the will cannot fall for a moment, and the Tao will never leave for a moment. Tasting Donggao and looking at the wilderness, I feel so relaxed and confused, wondering where there are branches to rely on. Always reflect on yourself, always be aware, regret your actions in the morning, and do it again in the evening. Going back and forth like this is very annoying. I am disgusted by the human emotions, the warmth and coldness of the world, the flies and the dogs, they will be driven away and returned. "Poetry" says: Camping with blue flies, they stop at Fan. Isn't it indicated? Because we care about each other but don't know each other, it is better to sing and cherish the flowers for a long time. Yellow chrysanthemums appear every year on the east fence for thousands of years. They accompany me as tired birds, and they are feathery in my house. Those who have gone by cannot be admonished, but those who have come can especially be pursued. Wanting to take the effect of getting drunk, I sang wildly in front of the five willow trees.
Come back! The boat passed away from now on, and the river and sea left it for the rest of my life.
Come back! How geometric is life? Do you want me to do whatever I want? Hang up your boots and wave your hands to leave, the zebra chirps and chirps!
Bingshen Jiawu *** paused.
3. Other weird resignation letters:
①. The weather is too cold and I can’t get up.
②. The outside world is so big, I want to go out and see.
(Respondent’s comment: Writing such a resignation is easy and does not require talent.)
Please pay attention to the following matters when resigning:
1. Handover matters.
2. Pay off all the company's belongings (including collecting the refunded and applied for reserve funds, etc.)
3. Check the attendance and settle the salary for the month of resignation.
4. Receive the resignation files from the personnel department, including resignation certificate, social security payment voucher, provident fund Golden Dragon card and employment and unemployment registration certificate (get it if you have it, otherwise don’t get it).
5. After you find your next employer, you can continue to pay social security in the same area. The provident fund is temporarily sealed in your previous employer (the employer you resigned from). You need to issue a corporate provident fund acceptance letter to the previous employer. Provident fund transfer. If there are personnel files, they will also be accepted by the next unit.
6. Keep your labor contract well so that it can be used when you apply for retirement in the future.
About automatic resignation processing documents:
According to the "Reply Letter on How to Define Automatic Resignation and Absenteeism" (Laobanfa [1994] No. 48), "On the Enterprise's Handling of Unauthorized Resignation" "Reply to Issues of Resigned Employees" (Laobanfa [1993] No. 68) stipulates: Automatic resignation refers to an employee who fails to complete the termination procedures when terminating the labor relationship, leaves the job without authorization, or leaves the unit without completing the termination procedures. Employees who voluntarily resign must bear liability for breach of contract, and the employer that newly hires the voluntarily resigned employee shall bear joint liability for compensation if it causes economic losses to the original employer. What needs to be noted here is that according to the relevant documents on suspension of pay and leave, if an employee requests a leave of absence without pay but leaves without authorization from the company, or does not request to return to the original unit within one month after the suspension of pay, If the employee fails to complete the resignation procedures, the company has the right to treat the employee as a voluntary resignation. It is the employer's behavior to treat employees as voluntary resignations. According to the provisions of the relevant administrative reply letter, the voluntary resignation mentioned here means that the enterprise should remove them in accordance with the relevant provisions of the "Regulations on Rewards and Punishments for Enterprise Employees". For this reason, disputes arising from automatic resignation should be handled as delisting disputes. Enterprises are not allowed to take punitive measures such as dismissal or dismissal of employees' family members because they leave without authorization. An enterprise's provision to implicate the family members of employees who leave without authorization is inconsistent with national labor management policies, and therefore cannot be used as a basis for labor arbitration.