Resignation process and matters needing attention

Resignation is ok, but you need to know a series of follow-up things about resignation. The following is to introduce the resignation process and matters needing attention for you. There are many details to pay attention to, which can avoid many unnecessary troubles!

Resignation process

1. Go to the * * * Enjoy Service Center in advance to receive the employee resignation approval form.

2. Fill in the employee resignation approval form.

3. The HR Commissioner checks whether there is a training agreement in the employee file, confirms whether the employee is in the training service period, and calculates the compensation amount that the employee should pay to the company during the service period.

4. The immediate superior of the resigned person completes the resignation interview and the investigation of the reasons for resignation.

5. The immediate superior of the resigned person is responsible for supervising the resignation person to complete the handover of work and work supplies (such as maintenance tools used by maintenance personnel, etc.). ).

6.*** Enjoy the recovery of work clothes, work shoes and public goods of lockers of the staff of the service center; Work card recycling, and the formation of recycling records, regular destruction of employee cards.

7. Employees should go through the resignation formalities in the * * * Enjoy Center; * * * Enjoy that the staff of the Center and the department confirm whether it is necessary to perform the non-competition agreement (if so, sign an application for performing the non-competition agreement according to the requirements of the department; If you don't need it, go through the resignation formalities normally); Signing an agreement to dissolve (or terminate) the labor contract and a certificate to dissolve (or terminate) the labor relationship; The use process of submitting the seal at the same time when submitting the resignation materials for approval.

8. The department manager reviews the resignation procedure.

9. The administrative manager should review the resignation procedure.

10. The general manager approves the resignation document.

1 1. Resignators receive relevant resignation certificates (dissolution/termination of labor contract agreement, dissolution/termination of labor contract relationship certificate).

12. The HR Commissioner communicates with the Payroll Commissioner to generate the salary system of the resigned employee in the current month, and the certificate salary is paid normally; Confirm that the maintenance of HR system is completed within five working days after the salary system is generated; The network administrator deletes and maintains OA and RTX office software accounts.

13. The HR Commissioner paid a telephone call back to the resignee.

14. The HR Commissioner classified the resignation procedure into the personnel file.

Do employees need company approval after submitting resignation report?

According to the provisions of China's labor law, there must be legal reasons for the employer to unilaterally terminate the labor contract, while the laborer does not need to explain the reasons for unilaterally terminating the labor contract. This is the oblique protection of the labor law for workers, but the workers should still notify the employer in writing 30 days in advance; If the labor contract is terminated in advance during the probation period, the employer shall be notified in writing 3 days in advance.

According to the Reply of the General Office of the Ministry of Labor on Issues Related to the Termination of Labor Contract (Lao Ban Fa [1995] No.324), it is not only the procedure but also the condition for the termination of labor contract that the employee notifies the employer in writing 30 days in advance. Workers do not need to obtain the consent of the employer, and notify the employer in writing to terminate the labor contract 30 days in advance. After more than 30 days, the employee submits to the employer the procedures for dissolving the labor contract, and the employer shall handle it.

However, if a laborer violates the relevant provisions of the labor contract and causes economic losses to the employer, he shall be liable for compensation in accordance with the provisions of relevant laws, regulations and rules and the provisions of the labor contract. The employer may refuse to terminate the labor contract if the employee violates the provisions of notifying the employer in writing 30 days in advance. If the laborer terminates the labor contract in violation of the law and causes economic losses to the original employer, he shall be liable for compensation in accordance with the provisions of relevant laws, regulations and rules and the stipulations of the labor contract. ?

To sum up, generally speaking, the resignation report is submitted to the company one month in advance, and the labor relationship between the two parties is dissolved after one month, regardless of whether the company approves it or not.

Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and handle the transfer procedures of the relationship between files and social insurance for the employee within 15 days. ? Article 89 stipulates that if an employer violates the provisions of this law and fails to issue a written certificate to the laborer to dissolve or terminate the labor contract, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation. ?

Some people may ask: If a worker resigns early, can the unit ask him to pay liquidated damages or deduct his last month's salary? With regard to liquidated damages, the Labor Contract Law stipulates that if an employer provides special training fees for workers and provides them with professional and technical training, it may conclude an agreement with the workers to stipulate the service period. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. In addition to the agreed service period and the non-competition restriction of providing special training fees for professional and technical training, it shall not be agreed that the laborer shall bear the liquidated damages. As for wages, it is the income of workers. Because employees resign early, there is no legal basis for the company to deduct one month's salary.

Although the unit can't ask workers to pay liquidated damages at will, nor can it deduct their wages, the company is forced to transfer people from other places urgently because the workers have not fulfilled their statutory obligation of advance notice, or they have to arrange employees to work overtime. The difference between the transportation expenses, accommodation expenses or overtime pay required by new employees to come to Shanghai is the actual loss brought to the company by employees' resignation in breach of contract, and the company can claim compensation.

Therefore, it is very important for the employee to inform the employer in writing 30 days in advance whether to terminate the labor contract in advance, and whether to perform this procedure must have evidence. When submitting the resignation letter, the employee must keep the evidence signed by the employer to prove that he has submitted a written notice of resignation to the employer 30 days ago.

How to determine the date of resignation after an employee resigns?

According to Article 37 of the Labor Contract Law, the employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. This is also to give the employer the necessary time to fill the vacancy caused by the resignation of workers and ensure the continuity of the employer's work.

In practice, if it is clear in the resignation report that the employee will leave after 30 days, can the employer immediately terminate the labor contract after the employee informs him of his resignation? This issue is still controversial in academic circles. In judicial practice, there are both cases that support the immediate dissolution of the employer and cases that do not support the immediate dissolution of the employer.

The author still suggests that the employer should respect the real wishes of the resigned workers as much as possible, or negotiate with the workers to determine the date of early resignation and pay 30 days' salary as compensation.

Anyway, according to the law, workers need to notify the employer in writing 30 days in advance to terminate the labor contract in advance. It is illegal to fail to fulfill the obligation of advance notice, but the labor contract will be terminated immediately after fulfilling the obligation of advance notice. So isn't the source of life for this month uncertain? This is also not conducive to encouraging workers to fulfill their obligation to inform in advance.

Can employees go back on their word after submitting their resignation report?

Article 37 of the Labor Contract Law stipulates that the laborer unilaterally notifies to terminate the labor contract. The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance? . This rule was given to the workers? The right to resign? What is this right? Formation right? That is, the law gives the obligee the power to influence the other party's legal situation through unilateral expression of will, and it takes legal effect after being delivered to the employer without the employer's commitment.

According to the relevant theory of China's civil law, the right of revocation is aimed at legal acts that have not yet taken effect; And revocation is aimed at legal acts that have already taken effect. The right of formation can be withdrawn, but it cannot be revoked. A creditor's unilateral legal act of exercising the right of formation can be withdrawn, but the creditor's intention to withdraw the right of formation should reach the counterpart before or at the same time as exercising the right of formation.

When the unilateral expression of the right of formation reaches the counterpart, it has legal effect on the counterpart. Accordingly, the employee's resignation report can only be withdrawn before the unit receives it, and it cannot be revoked unless the other party agrees. Of course, this refers to the written resignation report. Written form refers to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) and other forms that can tangibly express the content.

Notes on five insurances and one gold when resigning.

How to deal with five insurances and one gold after resignation? Many white-collar workers in the workplace may ignore this problem. Within three months after resignation, the payment of medical insurance has a great influence. Let's take a look at the specific treatment of five insurances and one gold after resignation.

1. The endowment insurance can be interrupted, and it doesn't matter if it is interrupted halfway. Finally, the accumulated years, but the more you pay, the more your pension will be.

After resigning, go through the transfer procedures of five insurances and one gold: lay down the transfer form in the old unit and hand it over to the new unit to continue.

Unemployment insurance must be paid.

After resigning, go through the formalities of five insurances and one gold transfer: you don't need to go through it, just go to the new unit and continue to work.

3. Medical insurance is more important. The interruption of more than three months is invalid. See a doctor in three months, and you'll have to pay for it yourself. It doesn't matter if you have a minor illness. If you are seriously ill, you will be in great pain. Interrupt for more than three months, and then go to a new unit. Everyone who goes to medical insurance has a passbook, which can be used for life. No matter whether the company changes or not, the company must deposit a certain percentage of money into the passbook every month, and individuals can withdraw it at any time, regardless of the purpose. Everyone who goes to medical insurance has a blueprint, which is a medical book. According to medical regulations, only outpatient expenses above 2000 yuan can be reimbursed. For example, if you spend 2,500 yuan, you will only be reimbursed 50%-70% of 500 yuan (different hospitals have different reimbursement rates). If you are hospitalized, you will be reimbursed more. When you see a doctor, you should tell the hospital to write a medical insurance bill and bring it with you when you are hospitalized.

After resigning, go through the formalities of five insurances and one gold transfer: if you pay it yourself, please see how much the previous salary medical care paid each month. If you hand it in yourself now, it includes 10% handed in by the previous unit, which is about 6 times that of yourself. For example, a monthly deduction of 100 yuan will probably be paid to 600 yuan. The pension is 3.5 times that of the self-education part of the unit. For example, in the past, 100 was deducted every month, and it was 350 yuan if you handed it in yourself; If you don't pay it yourself, you can cut off the old-age insurance, and you can continue to pay it later. You can guarantee to pay it for 15 years and accumulate it. Medical services cannot be interrupted for more than 2 months. If it is exceeded, the accumulated payment period needs to be recalculated. If there is no unit, it should be handed over to the original unit and individual.

4. The provident fund unit deposits the money given to you and your own money into your provident fund account. For example, if the salary is 3000, the unit will give you 300, and you will deduct 300 yourself. So you should have 600 yuan in your provident fund account every month, and you can only withdraw it once a year. If you want to go to the provident fund center to get it, you can buy it, repair it, get it yourself, or entrust your unit to get it.

After resigning, handle the transfer procedures of five insurances and one gold: first open an account in the new unit, give the account to the old unit, and let the old unit transfer the money from the original account to the new account. Every June, the Provident Fund Center will send each employee's statement to the unit, showing the current money in your account. In addition, April is the time to adjust the pension, unemployment and medical base for the next year, and June is the time to adjust the provident fund for the next year.

How to resign and transfer jobs correctly

1. If you want to take your own documents, you should handle them before submitting your resignation letter. Don't rush to prepare before you leave.

2. If you want to take away any information, you must first admit whether there is an intellectual property problem, and don't do anything that harms the interests of the original company, which will lead to lawsuits and damage your reputation. Deal with all personal belongings, documents and letters before submitting your resignation letter: In some companies, after submitting your resignation letter, you will be forbidden to use the company's computers and documents again, and it is more troublesome to get them back.

If you want to go to the competitor of today's company, don't inform today's company before resigning. Try to talk less about the competitive strategy and business secrets of the original company when you arrive. Although talking about these can temporarily win the favor of the new owner and even improve his salary and position, he will fall into the notoriety of betrayal and betrayal.

4. avoid talking about the original company in a negative way, which will affect your reputation in the industry. Even if you have a misunderstanding with the original company, don't do it, others think you are not measured.

Don't bring people from the original company into the new company at the same time, otherwise the new company will gain short-term benefits, but it will gradually make the new company wary of you, fearing that you will dig a corner if you leave again.

Matters needing attention in resignation stipulated in labor law

Labor laws and regulations stipulate all aspects of resignation. I suggest everyone who is about to resign know it, because it concerns your vital interests. The following are the precautions for resignation stipulated in the labor law, which are for reference only.

I. Provisions of the Labor Contract Law on Resignation

People's Republic of China (PRC) labor contract law

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.

Article 90 If a laborer terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or non-competition restrictions stipulated in the labor contract, thus causing losses to the employing unit, he shall be liable for compensation.

Second, the provisions on resignation in the Measures for Compensation for Labor Contracts in Violation of the Labor Law.

Article 4 If a laborer terminates the labor contract in violation of regulations or the stipulations of the labor contract, thus causing losses to the employer, he shall compensate the employer for the following losses:

(a) the expenses paid by the employer for recruiting and employing them;

(two) the training fee paid by the employer, if otherwise agreed by both parties, shall be handled according to the agreement;

(3) Direct economic losses caused to production, operation and work;

Other compensation expenses agreed in the labor contract.

Three. Provisions on Resignation in People's Republic of China (PRC) Labor Law

Article 3 1 of the labor law of People's Republic of China (PRC) stipulates that a worker shall notify the employer in writing 30 days in advance of the termination of the labor contract? This clearly gives employees the right to resign, and 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. The former General Office of the Ministry of Labor also pointed out in the "Reply on Issues Related to the Termination of Labor Contracts by Laborers". The employee shall notify the employer in writing 30 days in advance, which is both the procedure and the condition for dissolving the labor contract. Workers do not need to obtain the consent of the employer, and notify the employer in writing to terminate the labor contract 30 days in advance. After more than 30 days, the employee submits to the employer the procedures for dissolving the labor contract, and the employer shall handle it. ?

On the one hand, the labor law gives employees the absolute right to resign, on the other hand, it gives employers the right to claim compensation for losses. Article 102 of the labor law stipulates that if a worker dissolves the labor contract in violation of the conditions stipulated in this law or violates the confidentiality matters stipulated in the labor contract, thus causing economic losses to the employer, he shall be liable for compensation according to law? ; The former Ministry of Labor clearly defined the scope of compensation in Article 4 of the Measures for Compensation for Violation of Labor Contract: If a worker terminates the labor contract in violation of the regulations or the labor contract, causing losses to the employer, he shall compensate the employer for the following losses:

1, the expenses paid by the employer for recruitment;

2. The training fee paid by the employer shall be handled as agreed by both parties;

3. Direct economic losses caused to production, operation and work;

4. Other compensation expenses agreed in the labor contract. ?

After the employee voluntarily proposes to terminate the labor contract with the enterprise, some employees voluntarily leave after 30 days of written notice to the employer, ignoring the employer's compensation request, and the employer may not handle the personnel relations and file transfer procedures for the employee. Staying in the original employer for a long time after leaving the job will cause employees to fail to go through normal employment procedures, get personal data including files, and pay labor insurance?

It is especially important to remind readers here that if there is an agreement on the service period or the protection of trade secrets in your contract, then there is an agreement on liquidated damages. Although you can still resign 30 days in advance, you must make compensation according to the provisions on liquidated damages in the contract.