The statement | resignation without consent can go to work in the new unit

Judge Joe:

I am a graduate of an ordinary college, learning advertising planning, when I graduated, I was forced by employment pressure, I signed a labor contract with a business company early, the major I studied was useless, and my income was very general. Later, I found a scientific and technological information company, and they needed people with professional backgrounds in advertising planning to join the intelligent service platform developed by the company. I offered my resignation to the original company, and after a week I went directly to work at the new company and told them that the resignation procedures were in progress. But after a week, not only did I not receive the refund order from the original company, but I also found that my salary for the previous month had also been deducted from them. I was anxious and worried about affecting my new job.

Reader Miss Zhao

Miss Zhao:

Considering the unequal status of the parties to a labor contract, national law makes strict provisions on the circumstances in which the employer can exercise the right to terminate the labor contract, while there is no restriction on the employee's exercise of the right to terminate the labor contract. Therefore, according to the current regulations, the employer's resignation is not necessarily required. However, guaranteeing workers' right to choose employment does not mean that workers can resign as they wish, regardless of them. The Labor Contract Law clearly stipulates that unless the employer has the presumed dismissal situation stipulated in Article 38 of the Labor Contract Law, such as withholding wages, not paying social security in accordance with the law, forced labor, etc., the employee who proposes to terminate the labor contract shall notify the employer in writing 30 days in advance, and if the employee proposes to terminate the labor contract during the probationary period, he shall notify the employer three days in advance. Therefore, during the period of the above-mentioned notice, the parties shall continue to fulfill their labor rights and obligations, unless the parties agree on early separation. It is your right to resign without approval, and the company should also handle the withdrawal procedures for you within the statutory time after the termination of the employment relationship. However, if you have only submitted your resignation for one week, it is also a violation of the regulations to go to work in the new unit without the consent of the original unit, and it should be correctly understood.

Of course, there is no legal basis for the original unit to withhold your salary last month, and you can claim your rights through legal channels. It is recommended that you take the initiative to communicate with the original unit and strive to properly resolve this matter.

(Vice President of the Case Filing Division of the Second Intermediate People's Court of Shanghai Municipality, awarded the National Model Judge in 2020)

Source: Labor Watch