The process of resignation and resignation is as follows:
1. In principle, employees should submit a written Resignation Report to the Personnel Administration Department 3 days in advance and three days in advance of the probation period, and receive a resignation form. The HR & Administration Department conducts exit interviews for employees who have left the company, to find out their reasons for leaving the company 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 positions above the department head need to be signed by the general manager.
(2) The assistant of the department where the resigned employee works shall take back the employee's work permit, employee handbook, work clothes and office supplies, and the assistant shall sign it for confirmation after confirming that it has been handed in correctly.
(3) The Finance Department shall check whether the resigned employee and the company are in financial arrears (including the borrowed items, travel reimbursement), and if there is any arrears, the Finance Department shall sign the resignation form for confirmation.
(4) After the resigned employee has obtained all the required signatures on the resignation form, the personnel administration department will issue the employee with the certificate of dissolution or termination of the labor contract.
(5) The personnel administration department arranges personnel to go to the unemployment insurance agency to handle the filing procedures for termination and dissolution of labor relations; With the audit opinion for the record, go to the social insurance agency to terminate the social insurance relationship of employees; 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 administration department shall, within 15 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 employees who have left the company, and settle the wages at the same time.
According to the Labor Contract Law of the People's Republic of China
Article 36, 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 employer 3 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 If the employing unit is under any of the following circumstances, the employee may terminate the labor contract:
(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 workers 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 in 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 can immediately terminate the labor contract without informing the employer in advance.
Article 5 The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities of transferring the relationship between files and social insurance for the workers within 15 days.
the laborer shall handle the work handover as agreed by both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it shall pay it at the time of completion of the work handover.
the employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.