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I signed a contract. I worked in a restaurant in Chongqing for two months. I want to resign. The leader doesn't agree with me. What should I do?

Collect and sort out the well-processed resignation materials for your reference:

Resignation means resignation, which is the behavior of the employee to terminate the labor contract or labor relationship with the employer.

If you really want to resign and leave, submit the notice of resignation to the employer 3 days in advance of the internship period and 31 days in advance of the non-internship period. If the employer approves or disapproves, you will be called to leave according to law, and the consequences arising therefrom have nothing to do with you.

★ There are generally three situations when resigning:?

First, the labor relationship shall be dissolved immediately according to law (the editor resigns quickly by order). If the employer forces the employee to work by violence or threat, or fails to pay the salary as agreed in the contract, the employee may ask the employer to dissolve the labor contract at any time;

Second, according to the employee's own choice (editor's order to resign slowly), notify the employer in writing to terminate the labor contract 31 days in advance;

the third is to apply to the employer (the editor resigns through negotiation), and both parties agree to terminate the contract.

(Note: It is suggested that the notice of resignation should be sent to the employer by courier company or registered letter of the post office, in order to keep the evidence. )

★ Discussion on the issue of wages:

Employees work for the company and pay labor, and the company should pay corresponding labor remuneration for employees. If it is not paid in full and on time, it is an act of wage arrears, which is illegal. To report.

1. complain to the local labor inspection department or call the hotline 12333.

2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.

3. Go to the local people's court to file a lawsuit and apply for a payment order.

according to article 7 of the interim provisions on payment of wages

wages must be paid on the date agreed between the employer and the employee? .

article 9 when both parties in labor relations dissolve or terminate the labor contract according to law, the employer shall pay the employee's wages in one lump sum when dissolving or terminating the labor contract.

article 18 the labor administrative departments at all levels have the right to monitor the wage payment of the employing units. If an employing unit commits any of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation:

(1) Deducting wages from the workers or failing to pay them without reason;

(2) refusing to pay overtime wages to workers;

(3) paying workers' wages below the local minimum wage standard.

the standards of economic compensation and compensation shall be implemented according to the relevant provisions of the state.

★ Relevant laws and regulations of the Labor Contract Law

Article 31 The employing unit shall, in accordance with the stipulations of the labor contract and the state regulations, pay the laborers labor remuneration in full and on time.

if the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.

article 77 if the legitimate rights and interests of laborers are infringed, they have the right to request the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.

article 85 in any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If it fails to pay within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 51% and less than 111% of the payable amount.

★ According to the Labor Contract Law, there are usually the following situations:

1. The employer has Article 38 of the Labor Contract Law, and the employee can immediately leave without the approval of the employer after he proposes to terminate the labor relationship in writing, and can demand to pay the remaining salary and economic compensation (pay 1 months' salary every 1 years of work) and go through the resignation procedures;

2. According to Article 37 of the Labor Contract Law, workers can leave their jobs without the approval of the employer if they submit a written resignation 31 days in advance. Among them, the probation period is put forward in writing 3 days in advance; The employer has the obligation to settle the salary and go through the resignation procedures.

3. The employer does not have Article 38 of the Labor Contract Law, and the employee leaves directly after submitting his resignation letter. The employer may require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

article 37 a laborer may terminate the labor contract by giving a written notice to the employer 31 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 38 If the employing unit is under any of the following circumstances, the employee may terminate the labor contract:

(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 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 in 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 can immediately terminate the labor contract without informing the employer in advance.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee:

(1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 41 of this Law;

(4) the employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) The fixed-term labor contract is terminated in accordance with the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) the labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(7) other circumstances stipulated by laws and administrative regulations.

article 47 the economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

if the monthly salary of a worker is three times higher than the average monthly salary of employees in the local area published by the municipal people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the maximum period for paying economic compensation to the worker is not more than 12 years.

the monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Article 51 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 of transferring the relationship between files and social insurance for the workers within 15 days.

the laborer shall handle the work handover as agreed by both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it shall pay it at the time of completion of the work handover.

The employing unit shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

★ Relevant provisions on dismissing employees by the unit

It is illegal for the unit to unilaterally terminate the labor relationship, and it may demand economic compensation and compensation of double wages. If negotiation fails, complain to the labor inspection department or apply for labor arbitration to protect rights.

To terminate the labor relationship, the employing unit shall notify the employee in writing 31 days in advance, otherwise it will need to pay one month's wages in lieu of notice

1. If the labor contract is not signed, the employee has the right to ask for an open-ended labor contract, and has the right to ask the unit to pay double wages;

2. article 48 of the labor contract law. if the employer dissolves or terminates the labor contract in violation of the provisions of this law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law;

article 87 if an employer dissolves or terminates a labor contract in violation of the provisions of this law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in article 47 of this law.

3. If the labor relationship is terminated, the employer shall notify the employee in writing 31 days in advance, otherwise it will need to pay one month's wages in lieu of notice;

4. Laborers have the right to ask the unit to pay social insurance;

5. The laborer has the right to ask the employer to pay the unpaid wages and overtime wages on holidays;

6. If the employer fails to pay, it can complain to the labor inspection department, and if necessary, it can also directly apply for labor arbitration to safeguard the legitimate rights and interests.

if a labor contract is not signed, the laborer has the right to request to sign an open-ended labor contract, and has the right to ask the unit to pay double wages.

Appendix:

★ How to write a resignation letter

A resignation application usually consists of five parts: title, title, body, conclusion, signature and date.

1. Title

Write the name of the resignation letter in the middle of the first line of the resignation letter. Generally, the resignation letter is composed of the subject matter and the language name * * *, that is, the title is "resignation letter". The title should be eye-catching and the font should be slightly larger.

2. Title

It is required to write the name or title of the unit, organization or leader who accepted the resignation letter in the top box on the next line of the title, and add a colon after the title.

3. Text

The text is the main part of a resignation letter, and it generally includes three parts.

First of all, write the contents of resignation in a letter, and let people know it at a glance.

Secondly, the specific reasons for resignation by submitting letters are described. This content requires that the details of resignation be listed one by one, but attention should be paid to the singleness and completeness of the content, so that people can know it at a glance.

Finally, you should write down your determination to submit your resignation letter, your specific requirements, and the problems you want your leaders to solve.

4, the end

At the end, it is required to write the word "This is a salute" to show respect, the meaning is very clear: I salute you here.

5. Signature

The signature of the resignation letter requires the name of the resignee and the specific date of submitting the resignation letter.

Pay attention to taboos

1. Don't speak ill of your boss. If you think it is necessary to reflect your boss's problems to management, try to put them forward orally in euphemistic terms.

2. Don't complain all over the paper and attack the company system.

3. Don't blame your colleagues, especially don't write your colleagues' "crimes" in black and white on your resignation letter.

Writing requirements

1. Sincere attitude and euphemistic wording.

2. Don't criticize each other.

3. Implicitness.

4. simplicity.

5, please be sure to use your own signature, and the signature should be as strong as possible, and write the date.

★ Appreciate the beautiful writing of Niuren's resignation notice praised by thousands of people. 1. Dear leaders:

It is said that the general trend of the world will be divided for a long time, and it will be divided for a long time! Although it comes from the ancient books of the Three Kingdoms, I think it is also beneficial to today's affairs.

Today, my husband is suffering from a century-old economic crisis. Look at the global economic situation. It can be said that there are many sorrows everywhere, people are in dire straits, and many manufacturers, workers and migrant workers are complaining bitterly. Some people feel this, and they can't help but think of their own situation. They are so sad!

Si Ben, who was born in poverty, devoted himself to the land of xing zhou in the south of Hebei Province, and lived in the world, seeking wealth rather than Wen Da, but only food and clothing. However, it's so cool now. It's been more than a year since our company came to work in early April last year. It's been several spring and autumn, several winter and summer, and time has passed more than 311 days and nights. Think at the beginning, Yu Ben was a passionate teenager, young and frivolous, with flying dreams. He wanted to show his ambition in our society. One was to add luster to the group, and the other was to add clothes and food to himself. Isn't it cool to kill two birds with one stone?

unfortunately, for a year, I didn't show my talents, and I was short of money, heavily in debt, and hated clothes and food, putting an end to parties. There are friends who leave; Those who despise it have it; Those who spit on it, have it. It's all because a former excellent teenager lost himself completely. Our monthly salary of 911 yuan is actually the sum of basic salary, post allowance and meal allowance.

friends say, "I'm sorry, but I can tolerate it so far. What's the point of not dying?" . "I'm sweating, and I don't want more integer silver, which means that I can live up to the sky, the ground and the air; However, I was born in agriculture, and I was able to endure all kinds of hardships. However, I ended up in vain, working hard and having no food and clothing.

why is my husband's face so senile today? If you don't have enough food and strength, you can't be beautiful, so it's like a swift horse. Although you have the ability to travel a thousand miles, you have no choice but to starve to death!

Although I am incompetent, I dare not pretend to be a swift horse, but I know that I am not a mediocrity.

A man needs a skill to stand in the present world. Si has a low opinion of himself and dare not claim to be knowledgeable, but it is not a problem to deal with writing. However, for a year, every time I ask myself, I have to slap my feet, grab the land with my head, and want to shed tears. What is it? In the long night, I can't sleep alone, tossing and turning, remembering the past in my humble room, and sadness comes from my heart.

I'm ashamed to regard my teacher as Yan Yuan, and I'm ashamed to present my classmate with the crown of top student.

The word "clean" is the only word in husband's daily work today ... that is, cleaning the house, serving tea, wiping tables and chairs, welcoming and sending out, being hypocritical and polite, and dealing with "leaders". Day after day, month after month, since I was appointed, I have been sighing at night, conscientious, fearful, afraid of omissions and slacking off ... How sad it is to help my knees and sigh!

The peach blossoms wither in spring, and they are in a hurry, but the cold rain comes early and the wind comes late. Time is like water, suddenly more than four, looking back, what is the geometry? It hurts like a west wind!

income-materially: I worked in December, with 611 yuan a month in the first three months and 911 yuan a month in the last nine months. It has been a few thousand years since I was able to solve the problem of food and clothing, let alone dress and play and live a quality life. Mentally: I've been hit hard, and I've mastered a new skill in the past year, that is, cleaning. Our company is a seven-foot-tall male, a graduate of undergraduate course, and he is not talented enough to be listed as a cleaner.

Therefore, his youthful and frivolous heart was instantly old and lifeless; For a year, Simou has been passive about Nuo Nuo, serving others more than caring about himself. All he wants is food and clothing every day, but with the soaring prices, the solution to this problem is not available.

lost-lost time, wasted youth, worn away edges and corners, delayed a good time, ashamed of my parents, brothers and sisters, and respected others.

However, the only reason why someone in the prime of life is so depressed and persistent so far is that it is really pitiful to wait for the legendary salary increase and meet the needs of a company's life. It is strange that a company is young and ignorant, and it has been silly and painful to wait for a year, but it has failed after all.

There is no hope of paying off thousands of foreign debts, so I have an epiphany: this is the grave of young people, and its functions are to bury dreams, bury youth, kill morale, wear corners and waste time, and that's all. Therefore, Si Mou, who had an epiphany, will not spend his time here today, so he will go his separate ways.

if you say that the world is in a state of flux, you will be United for a long time, and you will be United for a long time! Since we don't leave Simou here, Simou can't continue to disturb your place. We can't cherish each other. Why don't we leave each other and forget each other from now on! With a decisive attitude!