2. According to Article 37 of the Labor Contract Law, you can leave your job in writing 30 days in advance without the consent of the employer. Among them, the probation period is put forward in writing 3 days in advance; The employing unit has the obligation to settle the salary and go through the resignation formalities.
3. You didn't leave your job 30 days in advance, and the employer didn't have Article 38 of the Labor Contract Law. You just handed in your resignation letter and left. At this time, you have violated the law, and the employer may require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.
Second, the notice of termination of labor relations can be sent to the employer by express delivery or registered mail (that is, popular resignation letter and resignation report) to facilitate the retention of evidence. If the employer fails to pay your salary or handle the resignation formalities for you, you can solve it by applying for labor arbitration; Three. Relevant legal basis: Articles 37, 38, 46, 47 and 50 of the Labor Contract Law!
1. You can apply for labor arbitration, and ask the employer to pay your unpaid salary, deposit, economic compensation, double salary (from the second month of employment, at most 1 1 month) and overtime pay. Since your resignation, the labor arbitration has a limitation of one year!
2. In labor disputes, there is evidence to prove that labor relations are the key, such as work permit or work permit (preferably with official seal), salary card transaction records, salary slips, tooling with company name, tax payment certificate printed and sealed by local taxation bureau, temporary residence permit, attendance record, social insurance payment record, dispatch list, colleague testimony (resignation), audio and video recording or other written documents with your name and official seal or boss's signature.
3. When applying for labor arbitration, you need to bring an arbitration application, a copy of your ID card, relevant evidence, the employer's industrial and commercial registration information or a copy of your business license (registration information is not required in Beijing)! After the case is filed, the court will hold a hearing and then mediate. If mediation fails, the Arbitration Commission shall issue an award;
4. If you consult a professional, the labor case can be handled by yourself and won, and the labor arbitration commission does not charge. During the application for labor arbitration, you will not be delayed to work in a new unit!
5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law and Articles 10, 46, 47 and 82 of the Labor Contract Law!