During the probationary period, both the employee and the company have the right to terminate the employment contract. However, when an employee offers to leave the company, it is sometimes encountered that the company does not agree. So, if the company does not release the employee during the probationary period, can the employee be forced to resign?The following is an analysis and recommendations on this issue.
1. Understand the relevant laws and regulations.
According to the Labor Contract Law, both parties have the right to terminate the employment contract during the probationary period.
If an employee proposes to resign, he or she shall notify the employer three days in advance.
2. Negotiate with the company.
Take the initiative to communicate with the company's personnel or direct leaders to understand the reasons why the company does not release people.
Try to negotiate a solution, such as adjusting the date of departure, doing a good job handover, etc.
3. Send a written notice of resignation.
If the negotiation fails, a written notice of resignation can be sent to ensure that the content of the notice complies with the legal requirements.
Keep a record of the notification as evidence that the advance notification obligation has been fulfilled.
4. Go through the resignation procedures.
In accordance with the company's regulations, go through the resignation procedures, such as handing over work, returning items, etc.
Retain relevant evidence to prove that the resignation procedures have been completed.
5. Seek legal assistance.
If the company still refuses to release the employee, you can file a complaint with the local labor inspection department or consult a lawyer.
Further action is taken on the recommendation of a lawyer or the labour inspectorate.
Summary: When the company does not release the employee after leaving the company during the probation period, the employee should first understand the relevant laws and regulations and negotiate with the company to solve the problem. If the negotiation fails, a written notice of resignation can be sent and the resignation procedures can be completed. If the company still refuses to release the employee, it may seek legal assistance. Throughout the process, employees should remain calm and rational to ensure that their actions are in accordance with the law.