What should I do if the resignation letter from Huatai Toy Factory was not handed in for a month? Now it is due and I haven’t gone through the resignation procedures.

If an employee resigns, he only needs to notify the employer in writing one month in advance to terminate the labor relationship.

1. There are three situations in which an individual proposes to resign:

1. The employer has circumstances under Article 38 of the Labor Contract Law, and the employee can leave immediately after he proposes in writing to terminate the labor relationship. You do not need the employer's approval, and can request payment of remaining wages and economic compensation (one month's salary for every year of work) and go through resignation procedures;

2. Failure to submit 30 days in advance When resigning, the employer does not fall under Article 38 of the Labor Contract Law. The employee directly submits a letter of resignation and leaves. At this time, it is illegal. The direct economic losses caused to the employer, the expenses incurred in recruiting workers, and the employer The unit can require workers to bear the burden.

3. According to Article 37 of the "Labor Contract Law", employees who submit a written resignation 30 days in advance can resign without the approval of the employer. Among them, the probation period must be submitted in writing 3 days in advance; the employer is obliged to settle the salary and go through the resignation procedures.

2. The employee can send the employer a notice of termination of the labor relationship (also known as a resignation letter or resignation report) by express delivery or registered mail, so as to facilitate the retention of evidence. If the employer fails to pay the employee's wages or fails to complete the resignation procedures for the employee, the employee can resolve the issue by applying for labor arbitration.

3. Relevant legal basis:

Article 37 of the "Labor Contract Law" The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probation period, the employee can terminate the labor contract by notifying the employer three days in advance.

Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:

(1) Failure to provide labor protection or labor conditions as stipulated in the labor contract ;

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

(3) Failure to pay social insurance premiums for workers in accordance with the law;

(4 ) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances stipulated in paragraph 1 of Article 26 of this Law;

(6) Other circumstances under which employees may terminate labor contracts under laws and administrative regulations.

If the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates the rules and orders or forces risky operations that endanger the personal safety of the employee, the employee may immediately terminate the labor contract , without prior notification to the employer.

Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the employee:

(1) The employee shall comply with the provisions of Article 38 of this Law To terminate the labor contract;

(2) The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of this Law and negotiates with the employee to terminate the labor contract;

(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 Article 41, Paragraph 1 of this Law;

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(5) Unless the employer maintains or renews the labor contract by improving the conditions agreed in the labor contract, and the employee does not agree to the renewal, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.

(6) Termination of the labor contract in accordance with the provisions of Article 44, Paragraph 4 and Paragraph 5 of this Law;

(7) Others stipulated by laws and administrative regulations situation.

Article 47 Economic compensation shall be paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.

Article 50 The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days.

Workers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed.

The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for future reference.