In today's society, the labor contract is an important legal basis for protecting the rights and interests of workers. However, in practice, some employees may not have signed an employment contract with the employer. So, for these workers who do not have an employment contract, can they resign at any time?
First of all, we need to clarify a basic legal common sense: even if there is no written employment contract, when the employee and the employer actually perform their labor rights and obligations, a de facto employment relationship has been formed between the two parties. In this case, the employee still enjoys the legal rights and interests conferred by law, including but not limited to receiving labor remuneration, rest and vacation, and obtaining labor safety and health protection. If there is no labor contract, if the relationship between the two parties conforms to the status of the labor relationship, it shall be regarded as a de facto labor relationship, and the employee shall enjoy the same rights and obligations as if the labor contract was signed. Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment contract by notifying the employer in writing 30 days in advance. It explains that employees have the right to choose their own employment, and the Labor Contract Law gives employees the right to terminate labor contracts during the existence of labor relations. This right is a right of formation, which does not require the employer's commitment, and will take legal effect after it is delivered to the employer. Its purpose is to protect the autonomy of workers in choosing their own jobs and to make up for the unequal position of workers in labor relations. However, the unilateral termination of the labor contract by the employee must comply with the statutory procedures, first, the employer must notify the employer 30 days in advance, so as to facilitate the employer to recruit new employees and adjust positions, so as to avoid the impact of production and business activities; Second, it must be put forward in writing, not just orally. The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the work handover according to the agreement between the two parties.
Therefore, in the absence of other statutory circumstances, the employee needs to meet two conditions for termination, one is 30 days in advance, and the other is in writing. Failure to sign an employment contract is not a legal reason to quit at any time. While the law protects the freedom of workers to choose employment, it also guarantees the time for employers to re-recruit talents. It should be noted that if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.