Is oral resignation valid without a written application?

It is indeed feasible to resign orally without writing a resignation application, but it needs the consent of the company's personnel department.

General enterprises or employers will sign formal contracts with employees when hiring employees, because formal contracts will have legal effect when disputes arise, and oral resignation also has certain legal benefits, but the legal benefits brought by oral resignation are far stronger than those brought by not writing resignation applications.

First, it is feasible to leave your job orally without writing a resignation application.

General enterprises can terminate personnel relations as long as they leave their jobs orally, but in some large enterprises, leaving their jobs orally is not enough. Because oral resignation must be submitted 30 days ago, only in this way can the interests of the company be guaranteed, and after 30 days, even if the employee does not write a resignation application, the relationship between himself and the company will be automatically dissolved.

Second, verbal resignation must be approved by the company before it can be implemented.

If you only verbally apply for resignation, then the employee must get the consent of the company's personnel department. Only in this way can oral resignation have legal benefits. If the personnel department of the company does not agree to this, then the employee can terminate the contract by writing a resignation application. Because at the legal level, only applying for resignation can have legal benefits, and although oral resignation can also have legal benefits, it can only take effect with the consent of the personnel department.

Third, it is not enough for a regular company to leave its job only verbally.

Although some small companies or informal companies can automatically terminate the relationship with the company only by verbally resigning, in some formal companies, if employees violate the company's rules and regulations, they will not only be unable to terminate the contract, but also be sued by the company for compensation. Therefore, in some formal large companies, in order to protect their own interests, they must apply for resignation in writing.

Legal basis:

Article 31 of the Labor Law of People's Republic of China (PRC) * * * A laborer who terminates the labor contract shall notify the employer in writing 30 days in advance.

Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.