Is it legal for the company to prohibit resignation_

Is it legal for the company to prohibit resignation?

Mr. Li reported that his current company has an unwritten rule: no resignation application submitted by any individual is allowed, and after you submit your resignation report to the human resources department, the company will stop paying your salary, and deal with it as a breach of contract, and no longer give you a chance. Mr. Li did not know whether such a treatment was lawful. Expert Explanation: Mr. Miao Qiwei, deputy director of the Labor Law Garden, pointed out that Mr. Li's company's approach was wrong, and employees had their own right to resign. Article 31 of the Labor Law of the People's Republic of China stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of a labor contract. "If there are special circumstances, such as during the probationary period, or if the employer forces labor by means of violence, threats or illegal restriction of personal freedom, the employee may also notify the employer to terminate the labor contract at any time. In the legal provisions, employees can resign only by giving notice, and the company's consent is not required at all, so the company's provision that "any resignation application submitted by an individual is not allowed" is fundamentally contrary to the law. Taking 10,000 steps back, this provision is also an unwritten provision, unlike enterprise rules and regulations, which are formulated through the enterprise workers' congress or the workers' congress, and are written through publicity, and are binding on employees. Unwritten rules are difficult for employees to follow, and if something goes wrong, it is difficult for companies to provide evidence to require employees to do so. Therefore, the unwritten rule is not justified. With regard to breach of contract, its approach is also unreasonable. Generally speaking, the unilateral resignation of an employee is indeed a breach of contract, but the labor law does not give the company a general right to claim compensation for breach of contract. In many provinces and cities, there are even great restrictions on the setting of liquidated damages. In addition to liquidated damages, there is only one circumstance in which an enterprise can claim compensation from an employee, that is, the employee leaves the company immediately without notifying the company 30 days in advance, causing losses that the company can prove, at which point the company can claim compensation from the employee for the company's losses.