If the unit refuses to handle the resignation according to law, the parties may appeal and report to the labor administrative department. The labor administrative departments of local people's governments at or above the county level shall supervise and inspect the conclusion and dissolution of labor contracts between employers and employees according to law.
The failure of the unit to sign a labor contract is not a situation in which the parties can immediately terminate the labor relationship. Usually, there are several situations to terminate a labor contract:
1. The employer and the employee may terminate the labor contract through consultation.
2. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
3. The employer has one of the circumstances stipulated in the Labor Contract Law, and the employee may terminate the labor contract.
4. Under any of the circumstances stipulated in the Labor Contract Law, the employer may terminate the labor contract.
Therefore, the parties can apply to the company for resignation in advance according to their own situation, or they can negotiate with the company. If the company violates the law, they can resign directly.
Upon resignation, the employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days. At the same time, you can claim double salary compensation for not signing a labor contract.
Relevant legal basis:
According to the Labor Contract Law of People's Republic of China (PRC)
Article 36 The employing unit and the employee may terminate the labor contract through consultation.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers 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 can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
Article 74 The labor administrative department of the local people's government at or above the county level shall supervise and inspect the following implementation of the labor contract system according to law:
(a) the rules and regulations formulated by the employer and directly related to the vital interests of workers and their implementation;
(2) The conclusion and dissolution of the labor contract between the employer and the employee;
(three) the labor dispatch units and employers to comply with the relevant provisions of labor dispatch;
(four) the employer's compliance with the provisions of the state on the working hours and rest and vacation of workers;
(five) the employer's payment of labor remuneration agreed in the labor contract and the implementation of the minimum wage standard;
(six) the employer's participation in various social insurances and payment of social insurance premiums;
(seven) other labor supervision matters stipulated by laws and regulations.
Article 82 If an 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 salary.
Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.