Labor Law-When do employees resign?

1. According to the Labor Contract Law, employees need to notify the company 30 days in advance to resign, which is a unilateral obligation of employees. The employee's resignation is a sign of intention to terminate the labor contract. The company may agree to the employee's intention and terminate the labor contract at any time within 30 days. In other words, if the company agrees to the employee's resignation on any day within 30 days, the labor contract will be terminated immediately without waiting until the 30th day.

According to you, it is legal for the company to ask you to leave within five days after your resignation. You have to go through the handover procedures and leave your job within five days according to company regulations. Of course the company will settle your salary. The idea that employees can still work for 30 days after resigning is a misunderstanding of the Labor Contract Law. If the company has not gone through the formalities for your resignation for more than 30 days, it is illegal for the company to do so.

If you resign voluntarily, there is no compensation according to the Labor Contract Law. However, you claim that it is illegal for the company to deduct wages. You can ask the company to pay you back the withheld salary. If the company disagrees, it can complain to the labor bureau and ask it to handle it. If the company still refuses to pay you back after receiving the handling from the Labor Bureau, you can get 50%- 100% of the payable amount. It is more troublesome to get compensation here. If the company takes the initiative to give you the deducted salary, he can avoid compensation; After being dealt with by the labor bureau, the company will give you the deducted salary on its own initiative or without compensation. Only after the labor decision, the company still refuses to pay you back, can you get compensation. But also through labor arbitration.

2. Based on the above analysis, the company has the right to require employees to leave within 5 days. Asked to terminate the labor contract when resigning. The company only needs to agree to your request at any time within 30 days. The company's practice does not belong to unilaterally terminating the labor contract.

In addition, meals should be counted as your labor income, and the company's seizure is illegal and should be reissued.

To sum up, there are few legal protection measures for employees who voluntarily resign. Therefore, generally don't take the initiative to resign unless you have found a better job.