Although the employee applied for resignation with the consent of the monitor and supervisor, he left without the approval of the leader with the approval authority of the employer and the formalities of the personnel department. It is not illegal for an employer to resign by itself. If the laborer terminates the labor relationship in violation of the law, he shall compensate the employer for the losses.

Wage refers to the labor remuneration paid by the employer to the laborer according to the provisions of laws and regulations and the labor contract. As long as the laborer provides labor, the employer must pay the labor remuneration. If the employee leaves his job, the employer must also pay the salary according to law.

The legal relationship between the employer's payment of wages according to law and the laborer's compensation for losses is different and should be calculated separately and settled together. The losses claimed by the employer must be direct losses and bear the burden of proof.

In addition, if the employer fails to sign a contract after one month's employment, it shall pay the employee twice the salary from the day after one month's employment, with a maximum of 1 1 month.

No matter whether a labor contract is signed or not, the provisions of the Labor Contract Law apply.

Labor Contract Law

Article 10 To establish labor relations, a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary.

Article 90 If a laborer terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or non-competition restrictions stipulated in the labor contract, thus causing losses to the employing unit, he shall be liable for compensation.

regulations on the implementation of labor contract law

Article 6 Where an employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law, and make up the written labor contract with the employee; If the employee fails to conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law.

As mentioned in the preceding paragraph, the starting time for the employer to pay the laborer twice the monthly salary is the day after the expiration of one month from the date of employment, and the ending time is the day before the conclusion of a written labor contract.

Article 7 Where an employing unit fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary according to the provisions of Article 82 of the Labor Contract Law from the day after the expiration of one month to the day before the expiration of one year from the date of employment, and the day after the expiration of one year from the date of employment shall be deemed to have concluded an open-ended labor contract with the employee, and it shall immediately conclude a written labor contract with the employee.