How to Resign EFFECTIVELY under Chinese Laws?

How to Resign EFFECTIVELY under Chinese Laws?
How to Resign EFFECTIVELY under Chinese Laws?

Resignation is never a big deal, when you make up your mind to leave, a formal notice or letter can just satisfy the requirements of Labor Law and Labor Contract Law.


However, some foreign friends complained that their boss just rejected when they resigned.

The world is crazier than ever during the pandemic. Because of the international travel restrictions, Chinese companies cannot obtain new staff abroad and some training centers even began to plunder the English teachers.

What a sharp contrast with situation after the Spring Festival! It seems that the foreigners in China now have more working opportunities.

So firing their evil bosses is in the nick of time. But How? First, read your employment contract or the Handbook of your company and find if there are some requirements of formalities for resignation.

Follow it or if there are not,Submit your Resignation Letter in written form to your supervisor AND HR Department and ask them to sign receipt.

It seems impossible? Since your resignation is a loss, your boss may not sign you any receipt. Then write an email to your boss and manager of HR and at the same time.

Generally, to send an email would work because your boss cannot reject it.

Once the internet system shows that it reached another receiver, you have fulfilled your obligation of notice.

If you still worry that they would make some excuses to deny that the fact they have received your resignation by email.

Here is the final solution:

Send your resignation letter by express mail.

NOTES:

  • Write the name of your company and your boss in the column of receiver.
  • In the column of shipment details, write your name in your passport and the name of the document, for example, “Jenny Zhang’s Resignation Letter”.
  • Keep the paper receipt of the express mail or screenshot if you order express delivery through mobile phone.

Last step, wait and count 30 days, then you can pack and ask for your Release Letter. 

《劳动合同法》第三十七条 

劳动者提前三十日以书面形式通知用人单位,可以解除劳动合同。劳动者在试用期内提前三日通知用人单位,可以解除劳动合同。

Labor Contract Law Article 37 

A worker may terminate the labor contract if he informs the employer in-written form 30 days in advance. During the probation period, a worker may terminate the labor contract when he informs the employer three days in advance.

If you have more questions about China labor/employment contract law for foreigners, welcome to contact me.