Will the labor relationship be automatically terminated if an employee voluntarily resigns?

After an employee voluntarily resigns, it is deemed to have voluntarily resigned and does not mean the termination of the labor contract. Voluntary resignation is a behavior in which employees leave their jobs without permission based on the company and their own circumstances, and forcibly terminate the labor relationship with the company. Some employees leave without permission or break the contract because their resignation is not approved or their request to terminate the contract is not agreed; some employees leave without explaining the reasons; some are tempted by preferential treatment and "change jobs" without authorization, etc. All these fall within the scope of voluntary resignation.

Legal Analysis

The subject of the termination of a labor contract can be the employer or the employee. The subjects of automatic resignation are only workers. The applicable reasons for terminating the labor contract are of dual nature, both punitive and non-punitive. Voluntary resignation is often an illegal act. If an employee voluntarily resigns, the company must issue a notice of termination of the labor contract. The right to terminate is a formative right, which takes effect once it reaches the other party, and the labor contract will be terminated. There are many ways to notify of termination, but no matter whether the external form of termination is a written notice, email or mobile phone text message, there must be a clear and clear intention to terminate the contract. In the case of leaving without saying goodbye and "voluntarily resigning", the employee did not clearly express his intention to terminate the labor contract between the two parties to the employer; the employer also did not express its intention to terminate the labor contract clearly to the employee, nor did it pass a formal notice of termination of the labor contract. Go through any formalities to express your intention to terminate. This ambiguous attitude puts the labor contract relationship between the two parties in an unclear state.

Legal Basis

"Labor Contract Law of the People's Republic of China"

Article 50 The employer shall issue a document when rescinding or terminating the labor contract. Provide proof of rescission or termination of the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within fifteen days. Workers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed. The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for future reference.

Article 48 If the employer violates the provisions of this Law to terminate or terminate the labor contract, and the employee requires continued performance of the labor contract, the employer shall continue to perform; the employee does not require continued performance of the labor contract or the labor contract If it is no longer possible to continue to perform, the employer shall pay compensation in accordance with Article 87 of this Law.