Joke Collection Website - Blessing messages - How to write the resignation notice? Does the resignation application have the same legal effect?
How to write the resignation notice? Does the resignation application have the same legal effect?
? Second, there are differences between resignation application and resignation notice, and their legal concepts are different. Resignation application and resignation notice are both expressions of the laborer's intention to express his resignation to the employer, but the application and notice are two different document formats. The specific differences are analyzed as follows:
Although both resignation application and resignation notice are written resignation documents submitted by workers to employers, they are two different legal concepts, and the results of employers' handling according to law are different.
1. Resignation application means that the employee submits the information of his decision to resign to the employer in written form according to the format of the application and the provisions of Article 24, Article 28 of the Labor Law or Article 36 of the Labor Contract Law, and the employer gives a reply of approval or disapproval.
Article 24 of the labor law? The labor contract may be dissolved after the parties to the labor contract reach an agreement through consultation.
Article 28 of the Labor Law If the employing unit terminates the labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the state.
Article 36 of the Labor Contract Law: The employer and the employee may terminate the labor contract through consultation.
2. The notice of resignation is the obligation of the employee to inform the employer of his resignation decision in advance in writing according to the format of the notice and the provisions of Article 3 1 of the Labor Law or Article 37 of the Labor Contract Law, and his resignation behavior does not require the consent of the employer.
Article 3 1 of the Labor Law stipulates that a worker shall notify the employer in writing 30 days in advance when he terminates the labor contract.
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. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
3. The fundamental difference between resignation application and resignation notice lies in the processing result made by the employer after receiving the employee's resignation application or resignation notice.
After receiving the employee's resignation application, the employer may not agree to the employee's resignation application if both parties cannot reach an agreement through consultation. If the employer agrees or seals, it shall be deemed that both parties have reached an agreement to terminate the labor contract, and the employer shall give economic compensation to the employee according to the result of the agreement and the relevant provisions of the state, that is, the law does not prohibit the employer from voluntarily paying economic compensation to the employee when handling the procedures for terminating the labor contract.
The employer has received the employee's notice of resignation. If the employee has fulfilled the obligation of informing 30 days in advance according to law, the employer shall fulfill the obligation to terminate the labor contract relationship with the employee. Otherwise, the employer will violate the law, and the workers will defend their rights in time and handle disputes.
? Third, you are right to say that you resigned without foundation, and the unit leaders don't agree with your resignation. If the employer refuses the resignation notice submitted by the employee himself, the employee will continue to resign by sending a written resignation notice to the employer through post office registration.
After the employer refuses the employee's resignation notice in person, if the employee wants to continue to resign, he should submit the resignation notice in writing to the labor and personnel department of the employer through the post office 30 days in advance according to law (remember: mark the copy of the resignation notice in the registered envelope file and keep the registered receipt as the submission evidence), without the consent of the employer. Workers who have worked continuously for 30 natural days can stop working on 3 1 natural day, and have the right to ask the employing unit to handle the relevant procedures of resignation, which should be handled by the employing unit (Article 3 1 of the Labor Law and Article 37 of the Labor Contract Law), and at the same time pay wages in one lump sum (Article 9 of the Interim Provisions on Wage Payment), and issue a cancellation or cancellation to the workers.
- Related articles
- I received a SMS ticket, but where should I pay the fine? It's urgent !
- How about the beautiful breakfast machine JK-1311E3W? Is it worth buying?
- Opportunities and challenges brought by the entry of express delivery industry into the 10 billion era to logistics
- Someone missed 80 sad words as passers-by.
- How does QQ space block others from talking?
- Is it true that Tencent gave money at the meeting?
- Will the court notify the defendant of the court date by text message?
- Why can't I send text messages on my mobile phone?
- How is the WeChat free open class marketed?
- How to check the bank where the social security card is opened?