How to do if you don't agree to resign from the central schoo
if the teacher resigns and the school ecation bureau does not agree, you cannot resign.
it's your right to resign, and it's useless for the other party to procrastinate without going through the formalities.
In case of disagreement with the employer, the employer may be informed in writing and the labor contract may be terminated
Article 37 of the labor contract law of the people's Republic of China stipulates that the labor contract can be terminated if the employee notifies the employer in writing 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance ring the probation periodin case of disagreement with the employer, the employer may resign in accordance with the relevant provisions of the labor contract law of the people's Republic of China
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extended information:
matters needing attention of personnel in public institutions:
according to the Interim Provisions on Resignation of professional and technical personnel and management personnel in public institutions owned by the whole people, professional and technical personnel and management personnel in public institutions owned by the whole people can submit resignation according to personnel management authority, Submit a written application to the unit or department in charge, and the unit or department in charge shall go through the resignation proceres within three months after receiving the resignation application
However, the resignation of the following four types of personnel must be approved by their units or competent departments, otherwise they can not resign:1. The main responsible persons and business backbones of national, provincial and municipal key scientific research projects may cause losses to their work after resignation
2. Working in remote areas and minority areas
3. Those engaged in special trades and types of work
4. Engaged in state secret work, or has been engaged in state secret work, and within the specified period of confidentiality
the Interim Provisions on the handling of personnel disputes shall apply to the resignation disputes of public institution personnel who have not signed a labor contract with the unit. Both parties to the dispute shall apply for arbitration in writing to the local personnel dispute arbitration committee of the unit within 60 days from the date of the dispute
the most common introction: resignation problem
What are the characteristics: teachers
examples of application scenarios: Labor Contract Law
other meanings: the labor contract law is applicable to the resignation of teachers, and the resignation report is submitted 30 days in advance, requiring signature and no approval. Send the resignation report to the school, leave the root and quit. If you don't give the file, the labor supervision brigade will complain
give an example to illustrate the application scenario: according to the labor contract law, the employer actively cooperates with the handover proceres. Labor arbitration complaints
1. The employer has Article 38 of the labor contract law. The employee can leave immediately after the termination of the labor relationship, without the approval of the employer, and can ask to pay the remaining salary and economic compensation (one month's salary per year of work) and go through the resignation proceres
2. If you do not submit your resignation 30 days in advance, and the employer does not have article 38 of the labor contract law, the employee will leave immediately after submitting his resignation letter. At this time, you are in violation of the law. The employer can ask the employee to bear the direct economic losses caused to the employer and the expenses incurred in 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 be terminated without the approval of the employer. Among them, the probation period is proposed in writing 3 days in advance; The employer has the obligation to settle the salary and go through the resignation proceres< Second, workers can send the notice of termination of labor relations (commonly known as resignation letter and resignation report) to the employer by express or registered mail, so as to preserve the evidence. If the employer does not pay the laborer's wages or handle the resignation proceres for the laborer, the laborer can apply for labor arbitration< Third, relevant legal basis:
Article 37 of the labor contract law stipulates that the employee can terminate the 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 ring 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 as stipulated in 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 e to the circumstances specified in the first paragraph of Article 26 of this law< (6) other circumstances in which the labor contract can be terminated according to 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 commands or forces the laborer to work at risk in violation of regulations, endangering the personal safety of the laborer, the laborer can immediately terminate the labor contract without prior notice to the employer< Article 46 under any of the following circumstances, the employer shall pay economic compensation to the laborer:
(1) the laborer terminates the labor contract in accordance with Article 38 of this law< (2) the employer proposes to terminate the labor contract with the employee in accordance with Article 36 of this Law and reaches a consensus with the employee 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) a fixed-term labor contract is terminated in accordance with the first paragraph of Article 44 of this law, except when the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor 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 the laborer according to the number of years he has worked in the unit and the standard of one month's salary for each full year. If more than six months but less than one year, it shall be counted as one year; If the period is less than six months, economic compensation of half a month's wages shall be paid to the workers
If a worker's monthly salary is three times higher than the average monthly salary of the local workers 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 employer is located, the standard of economic compensation to the worker shall be three times the average monthly salary of the worker, and the maximum period of economic compensation to the worker shall not exceed 12 years
the term "monthly wage" as mentioned in this article refers to the average wage of the laborer in the 12 months before the termination of the labor contract
Article 50 The employing unit shall issue a certificate of cancellation or termination of the labor contract at the time of cancellation or termination of the labor contract, and handle the transfer proceres of archives and social insurance relations for the workers within 15 days
workers should handle 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.
He can resign if he fulfills the obligation of notice in advance
at present, most of the personnel of public institutions in China, such as teachers in schools and researchers in scientific research institutes, do not sign labor contracts with institutions, so the relationship between these personnel and institutions is not applicable to the labor law, and their resignations are applicable to the relevant national personnel management regulations, according to the Interim Provisions on resignations of professional and technical personnel and management personnel in public institutions under the ownership of the whole people
the professional and technical personnel and management personnel of public institutions owned by the whole people can resign and submit a written application to their units or competent departments according to their personnel management authority. The units or competent departments should handle the resignation proceres within three months after receiving the resignation application, issue the resignation certificate, and according to the provisions of the state on personnel files of floating personnel, Carry out personnel file transfer and transfer proceres
there is no substantive requirement for the resignation of the staff of general institutions, they only need to fulfill the obligation of notice in advance
extended data:
the following four types of personnel must be approved by their units or competent departments, otherwise they can not resign:
1. The main responsible persons and business backbones of national, provincial and municipal key scientific research projects may cause losses after resignation
2. Working in remote areas and minority areas
3. Those engaged in special trades and types of work
4. Engaged in state secret work, or has been engaged in state secret work, and within the specified period of confidentiality
the Interim Provisions on the handling of personnel disputes shall apply to the resignation disputes of public institution personnel who have not signed a labor contract with the unit. Both parties to the dispute shall apply for arbitration in writing to the local personnel dispute arbitration committee of the unit within 60 days from the date of the dispute
[resignation issue]
if you are a labor contract employee, you can terminate the labor contract by giving 30 days' written notice to the employer. How many days is the legal marriage leave in Shenzhen. It is suggested that the cancellation notice should be sent to the unit by express delivery. The name of the document shall be indicated on the express delivery form, such as "resignation application". Pay attention to keep the express bill and the of resignation application. After the unit receives it, it can terminate the labor contract according to law after 30 days Basis: Article 37 of labor contract law. If you are an employee of a public institution, you should submit an application for resignation to the personnel department of the unit If the school detains your files, you can complain to the local labor supervision team.