Can the employer refuse the employee's resignation?

1. Can the company not approve the resignation of employees?

Not in principle, but there are special circumstances. Article 37 of the Labor Contract Law stipulates that the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

It is not only a procedure, but also a condition to terminate the contract that the employee notifies the unit in writing 30 days in advance. If the employee terminates the contract without the consent of the unit, he shall notify the unit in writing 30 days in advance. After more than 30 days, the laborer can go through the formalities of dissolving the labor contract with the employer, and the employer shall go through the formalities.

2. What are the special circumstances in which the employer can refuse to approve the resignation of the employee?

Article 22 of the Labor Contract Law stipulates that: if an employer provides special training fees for laborers and provides them with professional and technical training, it may conclude an agreement with the laborers to stipulate the service period. If the employee resigns before the expiration of the agreed service period, the employer may not approve it. If a laborer leaves his job by force, he shall pay liquidated damages to the employer in accordance with the agreement.

3. What should the company do if the employee fails to leave his post 30 days in advance?

If economic losses are caused to the company, employees may be required to pay compensation, or they may be required to go through resignation procedures. Article 4 of the Measures for Compensation of Labor Contract Violation of Labor Law includes:

(a) the expenses paid by the employer for recruiting and employing them;

(two) the training fee paid by the employer, if otherwise agreed by both parties, shall be handled according to the agreement;

(3) Direct economic losses caused to production, operation and work;

(4) Other compensation expenses agreed in the labor contract.

Article 16 of the Interim Provisions on Wage Payment stipulates the amount of compensation: if the employer suffers economic losses due to the laborer's own reasons, the employer may require him to compensate the economic losses according to the labor contract. Compensation for economic losses can be deducted from the employee's own salary.

However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the deducted surplus wage is lower than the local monthly minimum wage, it shall be paid according to the minimum wage. If the company has no evidence to prove the loss, it can arrange employees to leave the company on the last day.

That is to say, the employee shall issue a notice of termination of the labor contract and a certificate of resignation within 30 days after submitting a written resignation report, and then go through the social security transfer formalities within 15 days. Because the original unit did not go through the resignation formalities, the new employer could not hire the employee, which could also play a certain warning role for the employee.

Article 50 of the Labor Contract Law stipulates that when an employer dissolves or terminates a labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days.

4. What is the valid evidence of resignation?

1. Written form. Refers to the contract, letter, telegram, telex, fax and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing. There are four kinds of easily obtained resignation evidence: mailing resignation notice, comprehensive recall, SMS and email.

2. Resign by email. It is suggested to express the resignation notice by ems. The contents of the ems mailing list should indicate the resignation application, and indicate the recipient's name, contact information, full company name and detailed address, and ask for the express receipt in time.

3. Full recall. Employees can resign to the supervisor by phone and record the conversation. It should be noted that the object of incoming call evidence collection must be an easily identifiable manager, and it is necessary to verify whether the unit pays salaries to the managers normally.

4. SMS. You can send the resignation message to the supervisor of the company. Because the identifiability of SMS is that all mobile phone numbers require real-name registration, the resignation information of SMS can be obtained and effective.

5. E-mail. Send the resignation content to the company mailbox by email. Pay attention to prove that the email address is used by the company. For example, there is an email address on the written materials signed and sealed by the company, or the company has left the email address of the company by publishing business information and recruitment information online.