Does oral resignation have legal effect?

Oral resignation is valid, but the employer needs to prove that the employee resigned orally. At the same time, resignation must be notified to the employer 30 days in advance.

1, "Labor Law" Article 31 A laborer who terminates a labor contract shall notify the employer in writing 30 days in advance.

2. Article 50 of the Labor Contract Law? The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days.

Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.

The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.

Interpretation: In labor disputes, in view of the dominant position of the employer in labor relations, the employer bears the burden of proof for the reasons for the dissolution of labor relations. If you can't provide proof, you must bear the corresponding legal consequences.

Extended data:

Case: There is no evidence to support the oral resignation lawsuit.

"Who advocates, who gives evidence" is the normal rule of giving evidence in handling labor disputes.

When leaving their jobs, some workers offered to resign orally instead of in writing. If you can't provide effective evidence to prove this after a labor dispute, you need to bear the adverse responsibility of not being able to prove it.

The judge suggested that evidence should be kept when leaving the office.

When people in the workplace inform them of their decision to resign, it is best to use written form. There are two specific legal reasons.

First, when resigning for personal reasons, workers have the obligation to "notify".

According to the relevant regulations, if a worker resigns for personal reasons, he must notify the employer in writing 30 days in advance, and cannot simply walk away.

Second, when resigning due to wage arrears and other reasons, workers should properly "retain evidence".

If the laborer fails to pay his remuneration in full and on time, or fails to pay social insurance for the laborer according to law for other legal reasons, the employer shall pay economic compensation to the laborer according to law.

However, in judicial practice, when employers are required to pay economic compensation for the termination of labor relations, workers should still provide effective evidence to prove the specific time and corresponding reasons for the termination of labor relations. Otherwise, the laborer may bear certain unfavorable responsibilities and cannot obtain economic compensation for the termination of labor relations according to law.

References:

Guangdong Federation of Trade Unions-Happy Job-hopping after the holiday? Resignation also needs to comply with laws and regulations!