Resignation means resignation, which is the behavior that the laborer proposes to terminate the labor contract or labor relationship with the employer. There are two general situations of resignation. One is to immediately terminate labor relations according to law. If the employer forces the employee to work by violence or threat, or fails to pay the salary as agreed in the contract, the employee may ask the employer to terminate the labor contract at any time; Two, according to the laborer's choice, 30 days in advance written notice to the employer to terminate the labor contract.
Matters needing attention in resignation are:
1. Apply in advance;
2. After the employer has applied for resignation, it should consciously handle the handover procedures;
3. Pay attention to whether the unit has issued relevant certificates in accordance with the law and whether it has gone through the formalities of personnel relationship transfer.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 36 The employing unit and the employee may terminate the labor contract through consultation.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.