Of course, the procedures for terminating the labor contract must be handled by the personnel department.

The following is a complete set of methods for correctly terminating a labor contract, including what the employer should give you, things that may damage your rights and how to handle them, all included. After you propose to terminate the labor contract, if the employer notifies you to leave early, the employer must give you a formal written notice (with a seal), otherwise the employer will say that you left early without authorization, and you will not be able to explain clearly.

Terminating the labor contract is the right granted to workers by the law in Articles 37 and 38 of the "Labor Contract Law". If you want to terminate the labor contract, you do not need to apply to the employer and it must be approved by the employer. It is your decision to terminate the labor contract. You only need to notify the employer in accordance with the law and prove that you have received the written notice. Then the procedure for terminating the labor contract is in compliance with the provisions of the Labor Contract Law, and there will be no "Labor Contract Law" that will be borne by you. Liability for compensation stipulated in Article 90 of the Law. If the employer has one of the circumstances described in Article 38 of the Labor Contract Law, you not only do not need to advance 30 days in advance, but you can also request financial compensation according to Article 46 of the Labor Contract Law. If the employer has not violated your legitimate rights and interests, there will be no financial compensation if you propose to terminate the labor contract. As long as there is no content in Article 25 of the Labor Contract Law, it is illegal to agree on liquidated damages to be borne by the employee.

After submitting the decision (or notice) to terminate the labor contract, it does not matter whether it is approved or not. The key is that someone must sign for it as proof of the termination of the labor contract in accordance with the law. Otherwise, the bad unit will say that you resigned voluntarily. If you haven't handed in your resignation report, it will be difficult for you to defend yourself. Submit the decision or notice to terminate the labor contract 30 days in advance (3 days in advance of the probation period, the same below). If no one signs for it, go to the post office and send it by express delivery, and fill in the words "Terminate the labor contract" in the "Internal Product Name" column. Decision (or notice)", keep the receipt as evidence, and the labor contract is enough. If the employer does not pay your salary on the last day of work, you can apply for arbitration to the local labor dispute arbitration committee and apply for arbitration in accordance with the Labor Contract Law The provisions of Article 85 require the payment of wages and related economic compensation.

The decision or notice to terminate the labor contract should be made clear as follows:

1. I am due to... (if the employer has violated your legitimate rights and interests, the reason is the most It is easy to write down so that you can provide evidence later. If the employer has not violated your rights, you can write personal reasons) and decide to terminate the labor contract with the company and work until a certain day of a certain year and a certain month at the latest;

2 . Please notify the company in writing (the notice must have the company seal, otherwise it will be invalid) that I will hand over work to someone on a certain day of a certain month of a certain year. If I do not receive a valid written notice, I will be deemed that the company does not need me to hand over the job. Therefore, I am not responsible for any inconvenience or loss caused to the company;

3. Please settle the salary and Labor Contract Law with me in accordance with the provisions of Article 9 of the "Interim Provisions on Wage Payment" on the day of work handover. "Other related expenses stipulated in "Labor Contract Law" and issue to me a certificate of termination of the labor contract stipulated in Article 50 of the "Labor Contract Law". The content of the certificate should comply with the provisions of Article 24 of the "Regulations on the Implementation of the Labor Contract Law", otherwise I will retain the application RIGHT TO ARBITRATE OR LITIGATE. If the company does not need to hand over the work in person, the above matters must be completed before a certain time (off-duty time) on a certain day of a certain month of a certain year (the last working day).

Pay attention to keep the written notice and handover list that the employer requires you to hand over to someone. These are important evidence that you have handled the handover in accordance with the law when your rights and interests are infringed. If the employer does not issue a notice of handover to someone, it can be deemed that no handover is required. For details on the time for wage payment when the labor contract (or labor relationship) is terminated, please refer to Article 9 of the "Interim Provisions on Wage Payment", and for details on the time for payment of economic compensation, please refer to Article 50 of the "Labor Contract Law". If payment is not made on time, Articles 3 and 10 of the "Measures for Economic Compensation for Violation and Termination of Labor Contracts" or Article 85 of the "Labor Contract Law" may be followed. The difference is that the former can be claimed directly, while the latter can only be claimed after failure to pay after being ordered by the labor department.

Special reminder: When reading my answer above, you must find the content involved in the book title "" before you can fully understand the meaning of my answer.

My Baidu space has the legal provisions mentioned above, you can check them.