1. Resignation: According to the relevant provisions of Articles 36 and 37 of the Labor Contract Law, the employer and the employee can dissolve the labor contract through consultation, but the employee needs to notify the employer in writing 30 days in advance, and during the probation period, it is necessary to
Notify the employer three days in advance. Therefore, for those who voluntarily resign, we should pay attention to check whether they have submitted their resignation within the time stipulated by law. At the same time, they are required to fill in the resignation application form and go through the resignation formalities only after the employer agrees. Here, it should be
It is particularly important to note that if an employee needs compensation for the losses caused by his employer during his employment, the compensation should be settled together with the employee's resignation.
2. Dismissal and resignation: If the employee violates the relevant provisions of Article 39 of the Labor Contract Law, the employer may unilaterally terminate the labor contract. Article 43 stipulates that if an employer unilaterally terminates a labor contract, it shall notify the trade union of the reasons in advance.
Therefore, we suggest that if the employer gives dismissal in accordance with the six situations stipulated in Article 39 of the Labor Contract Law, the employer should first inform the trade union, and if the trade union agrees to dismissal, the personnel department will reward and punish the employees.
Sue ",effective announcement within the scope of this unit. Since the effective date of the announcement, the Personnel Department will make a Notice of Rewards and Punishment for Employees and deliver it to the employees themselves, and the employees will directly handle the resignation handover procedures with this notice.
Here, we should pay special attention to the situation that the employees mentioned in the above cases left without any resignation application. Similarly, employees who should be dismissed due to serious violations of discipline and discipline left without saying goodbye, or employees failed to apply for resignation within the specified time.
If these employees leave without saying goodbye on their own, and these employees leave without saying goodbye within a certain reasonable time and meet the dismissal conditions stipulated by the employer's rules and regulations, they can be regarded as "serious violations of rules and regulations", and the personnel department will notify the trade union and get the consent of the trade union.
, release employee rewards and punishments announcement. The labor relationship between the two parties shall be terminated as of the effective date of the employee reward and punishment announcement. At the same time, the employer shall urge the workers to handle the work handover in the form of notice of termination of the labor contract within a reasonable period of time.
Program. Those who fail to deal with the case within the time limit after being urged shall be deemed to have waived their rights. Therefore, if losses are caused to the employer, the employer has the right to claim compensation.
3. Resignation that meets the conditions for termination of the labor contract:
If the employee meets the conditions of dissolution of the labor contract as stipulated in Article 44 of the Labor Contract Law, the personnel department of the employer shall issue a notice of dissolution of the labor contract within 30 days before the expiration of the dissolution period and serve it on the employee himself. Employees shall, in accordance with the labor contract,
Notice of termination of the contract before going through the resignation formalities. If an employee disappears or dies for some reason, the department head shall handle the resignation handover procedures for terminating the labor contract with the Notice of Termination of Labor Contract.
Handover procedure:
After the resignation application is approved (or after the Notice of Dissolution of Labor Contract comes into effect), the resigned employee shall fill in the handover list, handle the handover procedures according to the contents of the handover list, and issue the resignation certificate after being audited by the personnel department.
Account books and documents (including written and electronic documents such as company regulations, technical data drawings, management data, business data and documents). ), original work cards, work clothes, original tools, materials, stationery, employees, etc.
Manuals, etc. , all belong to the content that should be handed over, and the employee will hand it over to the replacement employee designated by the company or relevant departments for signature. If the goods are found to be damaged or lost, they should be compensated at a discount.