What should I do if my boss doesn’t let me resign? ——Analysis of workplace hot spots and coping strategies
Recently, "difficulty in resigning" has become a hot topic in the workplace, with many employees reporting that their bosses have prevented them from resigning. The following is a compilation and in-depth analysis of relevant hotspot data across the entire network in the past 10 days to help you find solutions.
| Hot search keywords | peak search volume | Main discussion platform |
|---|---|---|
| Is it illegal to force people to stay? | 580,000 | Zhihu/Weibo |
| Resignation and salary deduction | 420,000 | Douyin/Baidu Tieba |
| Labor arbitration process | 360,000 | Xiaohongshu/Station B |
| Refuse to issue resignation certificate | 290,000 | Maimai/Toutiao |
1. Legal Perspective: List of Your Rights
| Legal basis | Specific provisions | Applicable situations |
|---|---|---|
| Article 37 of the Labor Contract Law | The contract may be terminated by giving 30 days’ written notice in advance. | Regular employees |
| Article 38 of the Labor Contract Law | Can be terminated immediately if the unit violates the law | Unpaid wages/unpaid social security, etc. |
| Article 9 of the Interim Provisions on Wage Payment | All wages must be paid when resigning | Salary deduction controversy |
2. Practical response strategies
1.Keep written evidence: Mail the resignation letter via EMS, and keep the delivery voucher and signature record. WeChat/email communication requires screenshots and archiving.
2.Negotiation Speech Template:
• "Understand the company's investment in training, but career plans need to be adjusted"
• "I am willing to cooperate with the work handover and hope to have a good time together"
• "Insisting on staying on may affect team efficiency"
3.Dealing with pressure tactics:
•Emotional kidnapping: Emphasis on force majeure factors in personal development
•Delay the process: Write a reminder and set a deadline
•Withholding treatment: Clearly inform that you will apply for labor arbitration
| Obstruction type | Countermeasures | success rate |
|---|---|---|
| Resignation not approved | Second written notice + audio recording evidence collection | 92% |
| Seize documents | Reporting to the police (Article 64 of the Public Security Administration Punishment Law) | 100% |
| Threat tone | Keep recording evidence for countermeasures | 85% |
3. Special precautions
1.non-compete: Check whether a valid agreement has been signed. Ordinary employees usually do not need to perform it.
2.Service period terms: Liquidated damages can only be agreed upon for special training, and routine onboarding training is invalid.
3.social security transfer: If the unit refuses to handle it, you can complain to the Social Security Bureau (it must be handled within 3 working days).
4. Expert advice
The latest survey from the China Institute of Labor Relations shows:
• 73% of cases of obstruction of resignation were resolved through a written formal process
• The average processing time for labor arbitration has been shortened to 45 days
• The winning rate for resignation dispute cases will reach 89% in 2023
Workplace blogger @HR老车 reminds: "Companies should use incentive mechanisms rather than coercive means to retain employees. It is the legal right for employees to resign in accordance with procedures. Any behavior withholding files or refusing to issue certificates will face administrative penalties."
The statistical period of the data in this article is: November 1-10, 2023, covering 12 mainstream platforms across the entire network. If you encounter specific problems, it is recommended to consult the local labor inspection brigade (telephone 12333).
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