I have not signed a labor contract with the company for two years, and now I want to resign, hoping to get your help.

First, the issue of not signing a labor contract.

The employer who has not signed a labor contract shall pay you double salary, social security and economic compensation for the termination of labor relations from the second month (for legal provisions, see Articles 82, 38 and 46 of the Labor Contract Law and Articles 6 and 27 of the Regulations for the Implementation of the Labor Contract Law). The focus is on evidence, which needs to prove that you have a labor relationship with the employer. As for how much time you work and how much money you earn every month, you can use the principle of "inversion of burden of proof", which can be proved by the employer. If the employer can't prove it, it will bear the adverse consequences.

"Inverted burden of proof" widely exists in the field of labor law. Articles 6 and 39 of the Labor Dispute Mediation and Arbitration Law, Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, Article 6 of the Supreme People's Court's Provisions on Evidence in Civil Litigation, Article 2 of the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations, wage payment vouchers, social security. The employer may be required to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, I suggest you look at the Labor Law, the Labor Contract Law, the Regulations on the Implementation of the Labor Contract Law, and the Social Insurance Law, so that you can know in what ways the employer has violated your rights and interests, which will benefit you for life.

If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is very important if there is arbitration or litigation in the future.

Second, the correct way to resign

You have established labor relations with the employer for more than two years. According to Article 14 of the Labor Contract Law, you are deemed to have signed an open-ended labor contract. Therefore, I propose to terminate the labor contract as follows.

Look at my answer below carefully. This is a set of correct ways to resign, including what the employer should give you, things that may harm your rights and interests, and ways to deal with them. After resigning, if the employer informs you to leave early, it must give you a formal written notice (seal), otherwise the employer will say that you left early without authorization, and you don't know.

Dissolution of the labor contract is the right granted to workers by Articles 37 and 38 of the Labor Contract Law. If you want to terminate the labor contract, you don't need to apply to the employer and get the approval of the employer. It is your decision to terminate the labor contract. You only need to notify the employer according to law to prove that your written notice has arrived. Then your procedure for dissolving the labor contract conforms to the provisions of the Labor Contract Law, and you are not liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer has one of the situations mentioned in Article 38 of the Labor Contract Law, you not only need not advance 30 days, but also can request economic compensation according to Article 46 of the Labor Contract Law. If the employer does not infringe upon your legitimate rights and interests, there is no economic compensation for you to propose to terminate the labor contract. As long as there is no Article 25 of the Labor Contract Law, it is illegal to stipulate that the liquidated damages shall be borne by the workers.

After the decision (or notice) to terminate the labor contract is submitted, whether it is approved or not is not important. The key is for someone to sign for it as proof of dissolving the labor contract according to law, otherwise the bad company will say that you left your job voluntarily and didn't hand in your resignation report, so it's hard for you to make a statement. You submit the decision or notice to terminate the labor contract 30 days in advance (3 days in advance of the probation period, the same below). If no one signs for it, you can send it to the post office by courier, fill in the "Decision Letter (or Notice) of Dissolving the Labor Contract" in the "Name of Internal Parts" column, and keep the receipt as evidence, plus the labor contract is enough. If the employer pays your salary on the last day of work, you can apply to the local labor dispute arbitration committee for arbitration.

The following contents should be clearly stated in the decision or notice to terminate the labor contract:

1 I am personally responsible ................................................................................................................................................. ............... If the employer does not infringe your rights and interests, you can write personal reasons) and decide to terminate the labor contract with the company and work until a certain day at the latest;

2. Please inform the company in writing (the notice must have the company seal, otherwise it will be invalid) that I will hand over the work with someone on a certain day. If I don't receive a valid written notice, I will be regarded as the company doesn't need to hand over the work by myself, and I won't bear any responsibility for the inconvenience or loss caused to the company;

3. Please settle the wages and other related expenses stipulated in the Labor Contract Law with me according to the provisions of Article 9 of the Interim Provisions on Payment of Wages on Work Handover Day, and provide me with the certificate of dissolution of the labor contract stipulated in Article 50 of the Labor Contract Law, the contents of which shall conform to the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters should be completed before the last working day (off-duty time).

Pay attention to keep the written notice and handover list that the company requires you to hand over to someone, which are important evidence for you to handle the handover according to law when your rights and interests are infringed. If the employer fails to send a handover notice to someone, it can be regarded as unnecessary handover. See Article 9 of the Interim Provisions on Wage Payment and Article 50 of the Labor Contract Law for the time of wage payment when the labor contract (or labor relationship) is dissolved. If the payment is not made on time, it can be handled according to Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contract 10 or Article 85 of the Labor Contract Law. The difference is that the former can claim directly, and the latter can claim only after the labor department orders it not to pay.

If you carefully look at the content of my answer above, you can fully understand the meaning of my answer.

My Baidu space has the above legal provisions, you can check it.