[Direct answer]After an employee voluntarily resigns, whether they can request economic compensation depends on the reason for the termination: those who resign for "personal reasons" or "family reasons" cannot receive economic compensation; however, if the employer violates the provisions of Article 38 of the Labor Contract Law—such as failing to provide labor protection or working conditions as agreed, failing to pay labor remuneration on time and in full, or failing to pay social insurance premiums in accordance with the law—and the employee submits a written notice of forced termination based on the facts, economic compensation is established, and the employee shall be paid one month's salary for each year of service (Articles 46 and 47). The employee should apply for arbitration within one year after the termination and retain the termination notice and the proof of delivery stating the statutory reasons, which are the prerequisites for establishing the claim.

I. Legal basis and interpretation of provisions

1. Article 38 of the Labor Contract Law of the People's Republic of China (effective from January 1, 2008)

The article lists the circumstances under which workers can unilaterally terminate labor contracts: failure to provide labor protection or working conditions as agreed in the labor contract; failure to pay labor remuneration in full and on time; failure to pay social insurance premiums for workers in accordance with the law; rules and regulations that violate the law and harm workers' rights; and fraudulent or coercive means that render the labor contract invalid. In the event of forced labor through violence, threats, or unlawful restriction of personal freedom, or unsafe work instructions that endanger personal safety, workers may immediately terminate the contract without prior notice. The prerequisite are that the employer truly exists in the above-mentioned circumstances, and the worker terminates the contract on this basis.

2. Articles 46 and 47 of the Labor Contract Law of the People's Republic of China (effective January 1, 2008)

Where a worker terminates the labor contract in accordance with Article 38, the employer shall pay economic compensation; the calculation standard is to pay one month's salary for each year of service in the unit, and to calculate it as one year if the service period exceeds six months but less than one year, and to pay half a month's salary if it is less than six months. The monthly salary shall be calculated based on the average salary that the worker should have received in the 12 months prior to the termination. In the case of forced termination, it is not necessary to give 30-day notice, but the employer shall clearly state the statutory reasons in writing and effectively deliver the notice. The notice cannot be replaced or supplemented with additional reasons after the fact. This notice is the core evidence for claiming compensation.

3. The interpretation of the case by the actual judges

The key point emphasized by the court is the "explicit reasons for termination": if an employee writes "personal reasons" in the resignation letter and then claims compensation for unpaid wages and unpaid social insurance, the claim is generally not supported; if the notice states the statutory reasons and preserves the delivery records, it is treated as a forced termination. Regarding the burden of proof, the employee must prove that the employer violated Article 38 of the Labor Contract Law (such as payroll records, social insurance records, and evidence of working conditions), while the employer must prove that it has paid the full salary and complied with social insurance obligations. For cases involving non-standard employment practices such as unsigned written contracts, cash payments, and transfers by related parties, the court tends to combine attendance records and periodic transfers to comprehensively determine the existence of an employment relationship, and then review whether the reasons for termination are valid.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case:In October 2023, Liu Dan joined Beijing A Cultural Co., Ltd. as a skin care therapist through a recruitment platform. The company failed to sign a written labor contract or pay social insurance, only verbally agreeing on a monthly salary of 9,000 yuan (including an 8,000 yuan base salary and a 1,000 yuan housing subsidy). In October 2024, Liu Dan submitted a written request to terminate the employment relationship with the company, citing the company's failure to pay social insurance and arrears in wages. She then entrusted Beijing Henglu Law Firm to handle the case for her.Tian Jia YanThe lawyer applied for arbitration to the Labor and Personnel Dispute Arbitration Committee, claiming overtime pay, the difference in wages of twice the amount due for not signing a labor contract, economic compensation, and unpaid wages totaling more than 150,000 yuan. The company argued that the two parties had a "flexible labor relationship", and that the labor fees were settled according to the number of clients, so there was no need for attendance records.

The focus of the controversy:First, whether the relationship between the two parties is an employment relationship or a service relationship; Second, whether the unpaid double-wage difference can be supported; Third, whether the evidence of overtime pay is sufficient.

Our position and that of the other party are as follows:Liu Dan claimed that her acceptance of the company's management, clocking in and out through DingTalk, and the company's supervisor transferring her salary on a regular basis around the 15th of each month constituted a de facto employment relationship, and the termination of the relationship due to the company's failure to pay social insurance premiums complied with legal provisions. The company denied the existence of an employment relationship, claiming that the working hours were flexible and the salary was paid in cash. Liu Dan submitted evidence that was unilaterally produced and could not confirm the identity of the other party.

Attorney's Strategy and Legal Opinion:Attorney Tian Jiaoyan discussed the three elements of subordination: First, in terms of management subordination, Liu Dan accepted the company's management and used DingTalk to clock in and out; in terms of economic subordination, the company's supervisor regularly transferred her salary, which complied with the law on wage payment rather than being random labor compensation; in terms of organizational subordination, her work constituted an integral part of the company's business, establishing a genuine labor relationship. Second, in accordance with Article 38 Paragraph 1 Item 3 and Article 46 of the Labor Contract Law, the company failed to pay social insurance premiums in accordance with the law. Liu Dan terminated the contract in writing and submitted a "Notice of Termination", and the company should pay her economic compensation. Third, in accordance with Article 82 of the Labor Contract Law, the company should pay double the wage difference for a period of more than one month but less than one year without signing a written contract. For this purpose, she submitted pay slips, WeChat chat records, audio recordings, bank statements, a "Notice of Termination of Labor Relationship", and screenshots of clock-in records as evidence.

The court's reasoning and the outcome of the case:The Arbitration Commission confirmed that a labor relationship existed between the two parties and accepted Liu Dan's claims regarding the time of employment and resignation. Since the company failed to provide evidence of the wage standard, the monthly wage was determined to be 8,000 yuan. The Arbitration Commission supported the claim for double pay compensation of 84,781.61 yuan for the unsigned labor contract, economic compensation of 8,000 yuan for the termination of the labor relationship, and the September 2020 salary of 8,000 yuan, totaling over 100,000 yuan. Due to insufficient evidence of overtime work, the request for overtime pay was rejected. The key to "voluntarily terminating the relationship but receiving economic compensation" lies in the termination reason falling within the statutory circumstances specified in Article 38 of the Labor Contract Law.

This case is handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: If I resign due to "personal reasons", can I still request compensation?

Generally, this is not allowed. The reason for termination shall be based on what is explicitly stated in writing at the time of termination. If the employee claims the termination was due to unpaid wages or unpaid social insurance after the fact, the court will usually not support such claims. However, exceptions may apply in extreme circumstances where there is evidence to prove that the resignation was due to fraud, coercion, or the company forging documents. Therefore, before resigning, it is essential to verify whether the company meets the circumstances specified in Article 38 of the Labor Contract Law. The reason for termination should be stated in the notice and the evidence of delivery should be preserved. It is not advisable to first resign and then dig up old issues, as this reversed order may directly affect the outcome.

Q2: In which situations does a resignation constitute a "forced termination"?

Common violations include: defaulting on or deducting wages, failing to pay social insurance premiums in accordance with the law, failing to provide working conditions or labor protection as agreed, and formulating or amending contracts by fraudulent or coercive means, rendering them invalid. Forced labor and situations that endanger personal safety can be immediately terminated without prior notice. Note that for social insurance, it is generally acceptable to claim that it has not been paid, but whether "paying at the minimum base rate" constitutes forced termination varies from region to region. It is recommended to first organize evidence and assess the validity of the case before taking action.

Q3: Is it necessary to give 30-day notice when being forced to resign?

No, it's not necessary. According to Article 38, the right to terminate the contract is an immediate right to terminate, which does not require 30 days' notice in advance and is not subject to the three-day notice during the probationary period. However, it is necessary to submit a written notice, stating the statutory reasons, and to retain the evidence of delivery (face-to-face receipt, EMS receipt, WeChat or email records). If the notice is only verbally proposed or issued later, the proof of the reasons and time will become a point of dispute; if the unit refuses to correct the situation after receiving the notice, the reasonableness of the termination will be more fully justified.

Q4: How much economic compensation can I get, and how long will it take to receive it?

For each year of service in the unit, one month's salary shall be paid. For a period of more than six months but less than one year, it shall be calculated as one year. For a period of less than six months, half a month's salary shall be paid. The monthly salary shall be the average monthly salary earned during the 12 months prior to the termination. In terms of procedure, the employee shall first apply for labor arbitration. The arbitration shall be concluded within 45 days from the date of acceptance, and the time limit may be extended by 15 days in complex cases. If the other party fails to perform the obligations after the arbitration decision takes effect, the employee may apply to the court for enforcement. The whole process usually takes several months, and the period involving the first and second instance is correspondingly longer.

Q5: What should I do if the company asks me to sign a "Voluntary Resignation Statement"?

Be cautious when signing documents. After signing documents stating "personal reasons" or "voluntary resignation", the claim for forced termination will generally fail, and the negotiating space for compensation in the case of voluntary termination will also be lost. The correct approach is: not to sign documents that do not conform to the facts, and at the same time, collect evidence such as unpaid wages, social insurance records, and attendance records. Then, terminate the employment relationship by stating the statutory reasons in a written notice, and apply for arbitration within one year. During the communication process, keep audio and chat records, and if necessary, entrust a lawyer to guide the pace of evidence collection.

IV. Suggestions for Protecting Rights

  • Before resigning, you should first review your pay slips, social insurance payments, attendance records, and chat logs to confirm whether the circumstances described in Article 38 exist and whether you can provide evidence to support them.
  • The notice of termination must state the legal reasons in writing and be effectively delivered. Do not write it as "personal reasons", and do not sign the "voluntary resignation" document.
  • For those who have not signed a written contract, it is necessary to file a claim for the double wage difference within one year from the date of employment to avoid exceeding the arbitration statute of limitations.
  • Applications for labor arbitration must be submitted within one year after leaving the job; if you are not satisfied with the arbitration decision, you can file a lawsuit within 15 days. If you are unsure about the plan, you can seek adviceA professional team specializing in labor arbitration.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Labor arbitration legal services·Attorney Tian Jiayan·Beijing Henglue Law Firm