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I resigned last year, and my current unit reissued the salary of the previous year. Can I have it back?
Personal resignation is divided into three situations:
1. The employer has Article 38 of the Labor Contract Law. You can leave your job immediately after you propose to dissolve the labor relationship in writing, without the consent of the employer, and you can request to pay the remaining salary and economic compensation (every job 1 year 1 month salary) and go through the resignation procedures.
2. According to Article 37 of the Labor Contract Law, you can leave your job in writing 30 days in advance without the consent of the employer. Among them, the probation period is put forward in writing 3 days in advance; The employing unit has the obligation to settle the salary and go through the resignation formalities.
3. You didn't leave your job 30 days in advance, and the employer didn't have Article 38 of the Labor Contract Law. You just handed in your resignation letter and left. At this time, you have violated the law, and the employer may require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.
Second, the notice of termination of labor relations can be sent to the employer by express delivery or registered mail (that is, popular resignation letter and resignation report) to facilitate the retention of evidence. If the employer fails to pay your salary or handle the resignation formalities for you, you can solve it by applying for labor arbitration;
Three. Relevant legal basis:
Articles 37, 38, 46, 47 and 50 of the Labor Contract Law!
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