A person who has a diploma and is over 16 years old and has full capacity for civil conduct is a legal worker:

Resignation basis and skills:

1. "Labor Article 37 of the Contract Law: An employee may terminate a 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.

Note: Article 19 of this law stipulates that the probation period is included in the labor contract period, so there is no probation period without a labor contract. In fact, you can resign at any time in the labor relationship, but it is recommended to give a written notice< /p>

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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 provide labor protection in accordance with the law The employer pays social insurance premiums;

(4) The employer’s rules and regulations violate the provisions of laws and regulations and harm the rights and interests of workers;

(5) Due to Article 2 of this Law The circumstances specified in paragraph 1 of Article 16 render the labor contract invalid;

(6) Other circumstances under which the employee may terminate the labor contract as stipulated in 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 to endanger the personal safety of the employee, the employee may immediately terminate the labor contract , without prior notification to the employer. ------------Please go and read the laws and regulations 46, 47, 48, 50, 82, 83, 87 and so on for yourself...

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2. Operational skills: Find the EMS where the labor contract is performed (the actual labor relationship is regarded as a labor contract - see the "Notice on Matters Concerning the Establishment of Labor Relations") When you mail a resignation letter, you can check the receipt at the same time (you can do it by just talking to the courier), so it is recommended to use this method when sending more important documents. Currently more common applications - workers notify the employer in writing to resign, submit lawsuits to avoid exceeding the statute of limitations, etc...

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1. Write clearly "resignation letter" + "company violates the law" in the cover summary column (write details: if the labor contract is not signed for more than one month, Not paying social security, etc.)" or "personal reasons":

A. If the cover page and resignation letter contain definite evidence that the company complies with Article 38, Paragraph 1 of the "Labor Contract Law", write " The company has violated the law and failed to sign a labor contract, etc.", and the letter states: The day when the company signs and receives your resignation letter is the last working day. If the company does not promptly send a letter to designate a person to hand over the work to you, it will be deemed that no work handover is required; The company must settle economic compensation, wages, transfer social security, Seal or withdraw the housing provident fund and other procedures, otherwise we reserve the right to pursue the company's legal liability.

B. If there is no evidence or other personal reasons, just write a simple four-word "personal reason". At this time, the last working day should be determined in accordance with Article 37 of the "Labor Contract Law"; there is no need to specify If the company violates the law, the cover and resignation letter are basically the same as A.

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2. The person signing the cover must clearly state “The legal representative of the company, or the leader who interviewed you, or the leader of the HR department, or the person you directly lead. Name; if it is not a legal representative, it should be written so that he can sign for it and hand it over to the legal representative; for example: Zhang San, the legal representative of a company (Li Si, director of the personnel department, Wang Wu, sales manager, or other company members can sign for it and hand it over. Any signature Each person should provide his/her ID number, company position and other information on the receipt), company contact number, company registered address or current permanent office address";

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3. Ask the courier to ask the company’s legal representative to go to the Industry and Commerce Bureau where the company is registered to ask for the computer query form, or to interview your leader, or the leader of the human resources department, or your direct leader to sign (unlawful person) If it is a representative, it should be written so that it can be signed and handed over to the legal representative; if it is signed on behalf of the legal representative, its name, ID number, company position, and other relevant information should be written down); your signature on the resignation letter should be stamped with the impression of your right thumb. , there should be a copy, which is evidence to cooperate with the EMS express receipt when applying for labor arbitration; when a single receipt appears, you should also copy and archive it in time when you get the receipt (build a good relationship with the EMS courier and leave his contact Phone calls, etc... Be sure to ask the EMS branch to stamp the official seal - now EMS has launched a four-part envelope with a signature and receipt. You should tell EMS to get such an envelope to give you your resignation letter, and ask EMS to give it to you. Complete the official seal on the receipt;

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4. If all the company personnel refuse to sign, you can ask EMS for relevant written evidence of the refusal...

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3. Legal Articles: "Notice on Matters Concerning the Establishment of Labor Relations", "Labor Contract Law", "Regulations on the Implementation of the Labor Contract Law" ", "Measures for Economic Compensation for Violation and Termination of Labor Contracts", "Measures for Compensation for Violations of Labor Contract Provisions of the Labor Law", "Labor Law", "Labor Law Interpretation I", "Labor Law Interpretation II", "Labor Law" "Law Interpretation III", "Labor Law Interpretation IV", "Labor Dispute Mediation and Arbitration Law", "Labor and Personnel Dispute Arbitration Rules", "Social Insurance Law", "Several Provisions on the Implementation of the "Social Insurance Law of the People's Republic of China" , "Housing Provident Fund Management Regulations", "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration", "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation", "General Principles of Civil Law", "Contract Law" 》, "Company Law", "Enterprise Bankruptcy Law", etc.

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4. My answer is for reference only. For detailed guidance, please find : Labor law consultant Han Fei ();