Self-resignation, i.e., voluntary resignation, refers to the unilateral termination of an employee's employment contract without reaching an agreement with the company. Self-departure may bring certain legal risks to employees, so it is recommended that employees fully understand the relevant laws and regulations to ensure that their rights and interests are not harmed before making a decision.
If the employee has decided to leave on their own, here are some suggested steps to take to get off the job:
1.Notify the company in advance:According to the Labor Law of the People's Republic of China, an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract. Therefore, the employee should submit a written resignation application to the company before leaving the company, indicating the date of resignation.
2.Handover:Before leaving, employees should try their best to complete the work at hand, and sort out the unfinished work and related materials for the smooth progress of follow-up work. At the same time, employees should also return company property, documents, etc. involved in their work to the company.
3.Settlement of wages and benefits:When an employee leaves the company, he or she has the right to request the company to pay him or her due wages, bonuses, subsidies and other benefits in accordance with national regulations and labor contracts. In addition, employees should also pay attention to inquiring about and receiving social insurance, provident fund and other related benefits that they are entitled to.
4.Handling the transfer of social security and provident fund relationship:After leaving the company, the employee's social security and provident fund relationship needs to be transferred. Employees should obtain the resignation certificate, social security payment records and other relevant materials from the company, and go through the relevant procedures at the local social security bureau and provident fund management center.
5.Return of company property:At the time of resignation, the employee should return the company's office supplies, work cards, keys and other property to the company. Any deposit or other payment should also be settled.
6.Resignation procedures:Depending on the company's requirements, employees may be required to fill out a resignation application form, resignation approval form, etc.** and undergo an exit interview with the company. After completing all the resignation procedures, the company will handle the resignation procedures for the employee and terminate the labor contract.
7.Maintain a work ethic:Throughout the resignation process, employees should maintain professional ethics and not divulge the company's trade secrets and sensitive information, so as not to bring unnecessary trouble to themselves and the company.
It is important to note that self-separation may have an impact on an employee's personal credit and future career development. Therefore, before making a decision to leave, employees should fully consider the possible consequences and seek the help of a professional lawyer if necessary.
If an employee encounters a problem during the offboarding process, the employee can seek the following ways to resolve it:
1.Negotiate with the company: When encountering problems, employees can try to negotiate with the company to resolve them. Through communication and negotiation, both parties may reach an agreement and resolve the conflict.
2.Consult professionals: If you have any questions about the law, labor contract, etc., employees can consult lawyers, labor arbitrators and other relevant professionals to obtain professional opinions and suggestions.
3.Application for labor arbitration: If the negotiation with the company fails, the employee can apply to the local labor arbitration commission for labor arbitration in accordance with the provisions of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China. Labor arbitration is a non-litigation method of resolving labor disputes and has legal effect.
4.Filing a lawsuit: If the result of the labor arbitration is still not satisfactory to the employee, the employee may file a lawsuit with the people's court within the statutory time limit to protect his or her legitimate rights and interests through judicial channels.
In short, when going through the self-departure procedures, employees should follow laws and regulations, respect professional ethics, properly handle the relationship with the company, and ensure that their rights and interests are not harmed.
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