Is it okay to resign orally three days before the probation period?

You don't have to write a resignation letter, you can resign orally three days in advance. According to the relevant laws and regulations, the employee can terminate the labor contract by notifying the employer three days in advance during the probation period. Therefore, if you resign during the probation period, you can give an oral notice or a written notice as long as you are three days in advance.

Precautions for probation period: the probation period is determined by the term of the labor contract, and the longest is no more than six months; The salary during the probation period shall not be lower than 80% of the minimum wage of the same position or the wage agreed in the labor contract of the unit, and shall not be lower than the minimum wage standard of the place where the employer is located; Except for dismissal due to negligence or non-negligence, the employer shall not terminate the labor contract of the probation employee at will; Others.

The following aspects should be paid attention to when signing a labor contract:

1. The signing of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations. Equality and voluntariness means that both parties to a labor contract have equal status and should sign a labor contract on an equal footing. Voluntary means that the signing of a labor contract is entirely out of my own will, and it is not allowed to sign a labor contract by imposing, cheating or threatening. Consensus means that the terms of a labor contract can only be signed after both parties reach an agreement through consultation.

Second, the signing of labor contracts should comply with the provisions of laws and administrative regulations. In the process of implementing the labor contract system, some contracts stipulate that female employees are not allowed to get married and have children; The work-related injury agreement "take care of yourself at work", even signed a life-and-death contract and other obvious obviously unfair contents, which violated the provisions of relevant national laws and administrative regulations and made such contracts invalid or partially invalid from the date of signing. Therefore, before signing the contract, both parties must carefully review each clause, reach an agreement on rights, obligations and related contents, and sign an effective and legal labor contract in strict accordance with the provisions of laws and regulations.

Third, the labor contract should be signed in written form, and attention should be paid to the content of the labor contract, which is an important basis for fulfilling the labor contract and handling labor disputes. A labor contract shall include the following clauses: the term of the labor contract, work content, labor protection and working conditions, labor remuneration, labor discipline, termination conditions of the labor contract, and responsibilities for violating the labor contract. In addition, the laborer and the employer can agree on other terms through consultation. There are three forms of labor contract term, including fixed term, non-fixed term and completion of certain work as the term. Fixed-term labor contracts have a clear termination date. A labor contract whose term is to complete a certain job is a contract whose term is to complete a certain task, and it is also a special form with a fixed term. An open-ended labor contract has no definite termination time, but the conditions for terminating or changing the contract must be stipulated in the labor contract. "Work content" mainly refers to the number or index of work tasks that should be completed. Because the "Labor Law" stipulates that workers are not competent for the job, and they are still not competent for the job after training or adjustment, the employer may terminate the labor contract. Therefore, when signing a labor contract, the provisions on "work content" should be the same as the tasks completed by employees in the same position and type of work.

Fourth, we should not only rely on laws and administrative regulations, but also combine with reality. Signing a labor contract deviates from laws and administrative regulations, which may lead to the invalidity of the contract. However, we should not copy the laws and administrative regulations, but should pay special attention to the places where there is room for the laws and administrative regulations in light of the actual situation. Because these places are to take care of the applicant's special situation. For example, the working hours stipulated in the labor law shall not exceed 8 hours a day, and the average weekly working hours shall not exceed 40 hours. As long as the working hours do not exceed 8 hours a day, both parties can negotiate. This is a situation where there is room for the correct application of laws and administrative regulations.

Fifth, the content of a contract can be simple or complex. When signing a labor contract, it varies from person to person, from place to place and from thing to thing. Jane, easy to remember, easy to sign and negotiable; However, the terms are too simple and principled, which will easily lead to differences and contradictions in knowledge and understanding and bring adverse effects. A large number, easy to master in the implementation, can reduce the occurrence of differences and disputes, but it is more troublesome when signing, and the labor contract can not be comprehensive. Therefore, it is necessary to simplify the complex. For example, if there is no room for flexibility in the existing provisions of laws and administrative regulations, it can only be said that it is implemented in accordance with a certain provision, which is simplified; For the contents that are not stipulated by laws and administrative regulations or allow the parties to be flexible, especially those that are easily controversial, they should be specified in detail.

Sixth, the language of the contract should be clear and easy to understand. Labor contracts signed according to law are protected by law, which involve the rights, responsibilities and interests of the parties and may have certain legal consequences. Therefore, when signing a labor contract, the language expression and words must be easy to understand and written clearly as far as possible to avoid disputes.

Legal basis:

Article 37 of the Labor Contract Law of People's Republic of China (PRC) * * * A laborer may terminate the labor contract by giving a written notice to the employer 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.