How does the Labor Law regulate resignation?
A:
1. The employee must notify the employer in writing 30 days in advance of resignation:
Article 31st of the Labor Law of the People's Republic of China stipulates that "a laborer who terminates a labor contract shall notify the employer in writing 30 days in advance", and clearly gives the employee the right to resign. This right is absolute, the laborer unilaterally terminates the labor contract without any substantive conditions, and only needs to fulfill the obligation of prior notice (that is, to notify the employer in writing 30 days in advance.
The General Office of the former Ministry of Labor also pointed out in the "Reply letter on issues related to the termination of labor contract for workers": "A laborer notifies the employer in writing 30 days in advance, both the termination of the labor contract ProgramIt is also a condition for the termination of the labor contract. The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer. For more than 30 days, the laborer submits to the employer the formalities for abolishing the labor contract, and the employer shall handle the formalities ".
2. The employer has the right to request compensation for losses:
Article 102nd of the Labor Law stipulates: "If a laborer terminates the labor contract or violates the confidentiality matters stipulated in the labor contract in violation of the conditions stipulated in this Law, it will cause economic losses to the employer, liability for Compensation shall be assumed in accordance with law ";
Article 4th of the former Labor Department's "compensation for violation of labor contract provisions in the Labor Law" clearly stipulates the scope of compensation: "The laborer terminates the labor contract in violation of regulations or the provisions in the labor contract, in the event of losses to the employer, the laborer shall compensate the employer for the following losses: 1. the expenses paid by the employer for recruitment and 2. The training fees paid by the Employer, otherwise agreed by both parties, as agreed; 3. direct economic losses arising from production, operation and work; 4. Other compensation fees stipulated in the labor contract ".
Iii. If there is any dispute, it shall be promptly submitted to labor arbitration:
After the employee voluntarily proposes to terminate the labor contract with the enterprise, some employees voluntarily leave the company 30 days after the employee is notified in writing, and the compensation requirements of the employer are not paid, the employer will not go through the personnel relationship and file transfer procedures for the employee, and the employee's personnel relationship and file will be retained in the original employer for a long time after the employee leaves the company; as a result, employees in new work units are not allowed to apply for labor insurance, foreign political review procedures, assessment of technical titles, further study, and loss of the opportunity to apply for national civil servants. Therefore, after a dispute arises between an employee and the employer regarding compensation for losses due to the termination of the labor contract, the employee shall promptly submit the dispute to the employer's region and County Labor Dispute Arbitration Commission for arbitration within 60 days.
How does the Labor Law regulate resignation?
The content source of this page is from Internet, which doesn't represent Alibaba Cloud's opinion;
products and services mentioned on that page don't have any relationship with Alibaba Cloud. If the
content of the page makes you feel confusing, please write us an email, we will handle the problem
within 5 days after receiving your email.
If you find any instances of plagiarism from the community, please send an email to:
info-contact@alibabacloud.com
and provide relevant evidence. A staff member will contact you within 5 working days.