Although Article 37 of the Labor Contract Law stipulates that:
"An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. ”That is, the law gives the employee the right to terminate the employment contract with notice, but this does not mean that the employee submits a resignation letter and has no employment relationship with the employer from the beginning, nor does it mean that the employer can be exempted from liability even if the employee suffers a work-related injury during the notice period. This is because, if the employee does not actually leave the job and the employer still accepts the labor provided by the employee, the relationship between the two parties is still the employment and the employment relationship, and the employment relationship between the two parties still exists before the employee actually leaves the company, and the employer still needs to perform the corresponding obligations.
On the other hand, Article 21 of the Regulations on Work-related Injury Insurance stipulates that:
"If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. ”That is to say, from this provision, before the conclusion of the labor ability appraisal is made, the employer also has no right to claim that the two parties no longer have a relationship and has no right to require the employee to resign, and the employee is disabled due to work, so it is reasonable to conduct the labor ability appraisal.
Therefore, even if the employee has submitted a resignation letter, if the employee is injured due to work-related reasons before the actual resignation, the employer still needs to bear the responsibility and report the work-related injury determination for the employee. If the employer refuses to bear the responsibility, the employee can apply to the labor dispute arbitration commission for arbitration to protect his or her legitimate rights and interests.
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