Shangluo teahouse recruitment

Ordinary workers need to notify the employer in writing one month in advance if they resign. After the expiration of the resignation period, the employer is required to settle the salary and go through the formalities of resignation and social security transfer.

I. There are three situations in which an individual resigns:

1. The employing unit has Article 38 of the Labor Contract Law, and the employee can leave the job immediately without the approval of the employing unit, and can request to pay the remaining salary and economic compensation (pay 1 year 1 month salary) and go through the resignation procedures.

2. If the employee fails to leave his job 30 days in advance, and the employing unit does not have Article 38 of the Labor Contract Law, it is illegal for the employee to directly submit his resignation letter. The employer may require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

3. According to Article 37 of the Labor Contract Law, a worker can leave his 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.

Second, the laborer can send a notice of dissolution of labor relations to the employer by express delivery or registered mail (in layman's terms, resignation letter and resignation report), which is convenient for retaining evidence. If the employer fails to pay the employee's salary or handle the resignation formalities for the employee, the employee can solve the problem by applying for labor arbitration.

Three. Relevant legal basis:

Article 37 of the Labor Contract Law: The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 38 A laborer may terminate the labor contract under any of the following circumstances:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.

Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.

The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.