Laws and regulations on 4-month resignation of front desk in Dalian hotel

If a worker resigns, he only needs to notify the employer in writing one month in advance to terminate the labor relationship.

1. There are three situations in which an individual proposes to resign:

1. The employer has Article 38 of the Labor Contract Law, and the employee can immediately leave without the approval of the employer after proposing to terminate the labor relationship in writing, and can ask for payment of the remaining salary and economic compensation (one month's salary for every year of work) and go through the resignation procedures;

2. If the employer fails to resign 3 days in advance, and Article 38 of the Labor Contract Law does not exist, it is illegal for the employee to leave directly by submitting his resignation letter. At this time, the employer may require 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, workers can leave their jobs without the approval of the employer if they submit a written resignation 3 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.

second, the employee can send the notice of termination of labor relations to the employer by express delivery or registered mail (that is, resignation letter and resignation report in common parlance), which is convenient for retaining evidence. If the employer fails to pay the employee's salary or go through the resignation formalities for the employee, the employee can solve the problem by applying for labor arbitration.

III. Relevant legal basis:

Article 37 of the Labor Contract Law, the employee may terminate the labor contract by giving a written notice to the employer 3 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 4 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 5 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 employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.