If an employee resigns, the employer shall settle the wages to the employee in a lump sum, and if the employer does not pay the wages, the employee may initiate labor arbitration. Basic Procedures of Labor Arbitration: 1Apply for arbitration within one year after the dispute arises and submit a statement of claim. 2.The arbitration commission shall make a decision on whether to accept the complaint within five days from the date of receipt of the claim; 3.The arbitral tribunal** notifies the parties in writing five days before 4** Explicit request, defense, investigation of facts, presentation of evidence, debate, statement; 5.Conciliation; 6.If mediation fails, the verdict will be made.
Labor Contract Law
Article 38 [Unilateral Termination of Labor Contract by Laborer] Under any of the following circumstances, the employee may terminate the labor contract:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
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 specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.