Joke Collection Website - Public benefit messages - Can I resign orally during the probation period?

Can I resign orally during the probation period?

Legal analysis:

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

Second, employees resign voluntarily without compensation, except those who are forced to resign. Under normal circumstances, employers need to pay economic compensation when dismissing employees. Including the termination of the labor contract through consultation between the employer and the employee, the employee's incompetence, and the employer's economic layoffs, all need to pay economic compensation. The calculation of economic compensation is based on the number of years the laborer has worked in this unit, and there are the following standards:

(1) The standard of paying one month's salary every full year is paid to the workers.

(2) more than six months but less than one year, according to one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

(3) If the monthly salary of a worker is three times higher than the average monthly salary of a local worker announced by the municipal people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard for paying economic compensation shall be three times the average monthly salary of the worker, and the longest period for paying economic compensation shall not exceed 12 years.

Legal basis:

Article 31 of the Labor Law of People's Republic of China (PRC) shall notify the employing unit in writing 30 days in advance when the laborer terminates the labor contract.

Derivative problem:

Can I refuse to sign when I go through the resignation formalities?

If it is not in line with the actual situation, you can refuse the visa. According to the law, it is invalid for a unit to dismiss its employees orally. When employing laborers, the employing unit shall sign labor contracts with laborers according to law. When the employer does not use working hours, it should also inform the employee in advance of the reasons for termination, and terminate the employee's labor contract in writing according to the procedures. The employer's oral dissolution of the labor contract or labor relationship has no legal effect and is illegal.