According to previous labor arbitration cases, employees should pay attention to two points at this time:
On the one hand, enterprises must be notified in "written" form.
It is impossible to resign by email, generally there is no evidence, and the email is stored in the server of the enterprise, so it is not easy for resigned employees to extract the evidence.
At this time, employees need a written resignation letter. The paper resignation letter needs the employee's autograph, and the resignation letter is generally handed over to the immediate superior or the human resources department of the enterprise.
In the resignation letter to the enterprise, how can employees prove that they have notified the enterprise in "written form" according to the requirements of the labor law? What employees can do at this time can only be to ask the company for a receipt of the resignation letter when submitting the written resignation letter.
If this is not easy to do, it can only be done with witnesses. Witnesses may be useful in labor arbitration, but they are usually ineffective in court, because witnesses are generally colleagues of enterprises and the court can regard them as interested parties.
On the other hand, it is necessary to handle the work handover.
According to the labor law, although employees can't go to work after 30 days, they must handle the work handover. Of course, the work handover is arranged by the enterprise. If the enterprise doesn't arrange it, it's best to write a work handover list, explain the work and the arrangement of working hours in writing, and submit it to the immediate superior or the human resources department in duplicate, and keep one copy, with the official seal of the enterprise or the signature of relevant personnel.
If the work is not handed over, the enterprise can deduct the salary after the handover and pay it after the handover. Enterprises may also make things difficult when transferring files, social security and resignation certificates to employees. Although the detention of files and social security does not comply with labor laws and regulations, please refer to: Four legal issues to consider when resigning (click to open), but companies often do this, and lawsuits will lead to an increase in turnover costs.
When resigning, most enterprises will legally do what they should do as employees and keep the attitude of consultation and communication with enterprises. For a few companies that don't obey the law, employees can only use legal weapons to safeguard their legitimate rights and interests.