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The employee wrote in the resignation report that he resigned due to personal reasons, but did not sign his name. Did he resign on his own?

If the resignation report is handwritten by the employee, although it is not signed, it can still be considered as the resignation submitted by the employee himself.

1. There are three situations when an individual proposes to resign:

1. If the employer has the circumstances specified in Article 38 of the Labor Contract Law, the employee can leave immediately after he proposes to terminate the labor relationship in writing. The employee does not need the approval of the employer, and can request to pay the remaining salary and economic compensation (one month's salary for each year of work) and go through the resignation procedures;

2. According to the "Labor Contract Law" 》Article 37, if an employee submits a written resignation 30 days in advance, he or she 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. If the employee does not submit his resignation 30 days in advance, and the employer does not fall under Article 38 of the Labor Contract Law, the employee directly submits a letter of resignation and leaves. At this time, the employee has violated the law and will be punished by the employer. The employer may be required to bear the direct economic losses caused by the unit and the expenses incurred in recruiting the worker.

2. The employee can send the employer a notice of termination of the labor relationship (also known as a resignation letter or resignation report) by express delivery or registered mail, so as to facilitate the retention of evidence. If the employer fails to pay wages to workers or does not handle resignation procedures for workers, it can resolve the issue by applying for labor arbitration;

3. Relevant legal basis:

Third of the "Labor Contract Law" Article 17 An employee may terminate the labor contract by notifying the employer in writing thirty days in advance. 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.