Current location - Trademark Inquiry Complete Network - Tian Tian Fund - How early is the resignation application submitted?
How early is the resignation application submitted?
Under normal circumstances, workers need to submit their resignation application to the employer 30 days in advance. However, if the employer forces the laborer to work against the laborer's will by violence or other means, or if the employer issues an order that endangers the personal safety of the laborer illegally, the laborer can immediately terminate the labor contract without applying for resignation 30 days in advance. In addition to the above circumstances, the employee and the employer can also terminate the labor contract at any time if they reach an agreement through consultation. The conclusion of a labor contract is based on equal consultation between the employer and the employee. However, due to the personal dependence of the establishment of labor relations, the relevant laws and regulations in China have also emphasized one point. If the employer forces labor by means of violence, threat or restriction of personal freedom, the employee may immediately terminate the contract without prior notice to the employer and obtaining its consent. This move is also to better protect the legitimate rights and interests of workers.

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.