How long does it take for chain home to leave? What is the legal basis for chain home to handle resignation? If the employee resigns during the probation period, he only needs to notify the employer three days in advance to terminate the labor relationship.
1、 There are three types of personal resignation
1. There are 38 articles in the labor contract law of the people's Republic of China in the employing unit. The laborer can leave immediately after he proposes in writing to terminate the labor relationship, without the approval of the employing unit, and can ask for the payment of the remaining salary and economic compensation (one month's salary per year of work) and go through the formalities of leaving the post;
2. If the employer does not submit resignation 30 days in advance, and there is no article 38 of the labor contract law in the employer, it is illegal for the employee to submit a resignation letter and leave. The employer can ask the employee to bear the direct economic losses and the costs of recruiting the employee.
3. According to Article 37 of the labor contract law, the written resignation proposed by the employee 30 days in advance can leave without the approval of the employer. Among them, the probation period is proposed in writing three days in advance; the employer has the obligation to settle the salary and go through the resignation procedures.
2、 The laborer can send the notice of termination of labor relationship to the employer by express or registered mail (that is, the popular resignation letter and resignation report), which is convenient to retain the evidence. If the employer does not pay the laborer's wages or handle the resignation procedures for the laborer, the laborer can apply for labor arbitration.
3、 Relevant legal basis:
Article 37 of the labor contract law of the people's Republic of China, a laborer may terminate a labor contract by giving a written notice to the employer 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance during the probation period.
Article 38 under any of the following circumstances, the employee may terminate the labor contract:
（1） Failing to provide labor protection or working conditions in accordance with the labor contract;
（2） Failing to pay labor remuneration in full and on time;
（3） Failing to pay social insurance premium for workers according to law;
（4） The rules and regulations of the employing unit violate the provisions of laws and regulations and damage 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 laborer may terminate the labor contract as stipulated by laws and administrative regulations.
If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or the employing unit commands or forces the laborer to work at risk in violation of regulations, endangering the personal safety of the laborer, the laborer may immediately terminate the labor contract without prior notice to the employing unit.
Article 46 under any of the following circumstances, the employing unit shall pay economic compensation to the laborer:
（1） The laborer rescinds the labor contract in accordance with the provisions of Article 38 of this law;
（2） The employer proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law and reaches a consensus with the laborer to terminate the labor contract;
（3） The employer terminates the labor contract in accordance with Article 40 of this law;
（4） The employer terminates the labor contract in accordance with the first paragraph of Article 41 of this law;
（5） Terminating a fixed-term labor contract in accordance with the first paragraph of Article 44 of this law, except when the employer maintains or improves the conditions stipulated in the labor contract and the employee does not agree to renew the contract;
（6） The labor contract is terminated in accordance with items 4 and 5 of Article 44 of this law;
（7） Other circumstances stipulated by laws and administrative regulations.
Article 47 economic compensation shall be paid to labourers according to the standard of one month's salary for each full year of their working years in the unit. If the period is more than six months but less than one year, it shall be counted as one year; if the period is less than six months, the economic compensation of half a month's wages shall be paid to the workers.
If a laborer's monthly salary is three times higher than the average monthly salary of the employees in the previous year announced by the people's Government of the municipality directly under the central government or the city divided into districts where the employing unit is located, the standard for paying economic compensation to the laborer shall be three times the average monthly salary of the employees, and the maximum period for paying economic compensation to the laborer shall not exceed 12 years.
The term "monthly wage" as mentioned in this article refers to the average wage of a laborer in the 12 months before the termination or termination of the labor contract.
Article 50 The employing unit shall issue a certificate of rescission or termination of the labor contract at the time of rescission or termination of the labor contract, and go through the procedures for the transfer of archives and social insurance relations for the workers within 15 days.
The laborer shall handle the work handover according to the agreement of both parties. If the employer is required to pay economic compensation to the laborer in accordance with the relevant provisions of this law, the compensation shall be paid at the end of the handover.
The employer shall keep the terminated or terminated labor contract for at least two years for future reference.