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How to write the compulsory resignation notice?
1. According to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, you can leave your job immediately without 30 days' advance or the consent of the company. The employing unit shall not only pay the wages on time, but also pay the economic compensation of one month's wages for each year of work according to Article 46 of the Labor Contract Law.
2. Resignation letter (preferably written as "resignation notice") can be written as follows:
There is XXX department XX, and the labor contract signed with the employer is from XX to XX. Because the employer violates the relevant provisions of the labor contract law, it fails to arrange overtime according to state regulations and fails to establish national statutory social insurance for workers. According to the relevant provisions of Article 38 of the Labor Contract Law, I propose to terminate the labor relationship, and ask the employer to pay the workers' wages in one lump sum according to Article 9 of the Interim Provisions on Wage Payment promulgated by the Ministry of Labor. And in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law, pay economic compensation of one month's salary for each year of work; In accordance with the provisions of Article 50 of the Labor Contract Law, handle the resignation formalities in time and issue a certificate of dissolution of the labor contract. If the unit refuses to pay, I will reserve the right to apply for labor dispute arbitration. Hereby inform you
3. Note: The notice of resignation must be delivered, which means that the unit should sign or register a letter to ensure that there is evidence to check when there is a labor dispute.
4. Resign for the above reasons. If the unit fails to perform its responsibilities according to the above requirements and fails to pay the relevant fees and wages, you can directly apply to the local labor administrative department for labor arbitration (free of charge and without a lawyer), and claim compensation from the unit through the award issued by labor arbitration. If you don't pay compensation, you can apply to the court for enforcement.
5. Legal provisions on evidence (the evidence in your hand is enough)
-Article 6 of the Supreme People's Court's Provisions on Evidence in Civil Litigation stipulates that in a labor dispute case, if a labor dispute arises due to the decision of the employer to dismiss, remove the name from the list, dismiss, terminate the labor contract, reduce the labor remuneration and calculate the working years of the employee, the employer shall bear the burden of proof.
-Article 6 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes also stipulates that "in the event of a labor dispute, the parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer fails to provide it, it shall bear the adverse consequences.
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