My resignation is not approved: does that stop the notice period?

The ordinary notice route

Shanghai HRSS explains the Labour Contract Law route of 30 days' written notice, or three days' notice during probation. Ordinary resignation under that route is not a request for discretionary permission. This does not settle separate training, confidentiality or other obligations, and it is not guidance for special public-personnel procedures.

Record delivery and intended dates

Keep the notice, employer recipient, method, delivery evidence and intended last day. Ask for confirmation that the notice was received. If a discussion changes the end date, record the agreed wording and distinguish it from your original notice. An unsent draft or a private conversation with an unrelated colleague may not establish delivery to the employer.

Propose a concrete handover

List ongoing tasks, records, equipment and the proposed recipient. Ask how to handle an unavailable recipient or disputed asset. Use the employer's secure process and retain acknowledgements you may lawfully hold. Do not take customer files as proof that you completed work or delete shared records to pressure the employer.

If HR insists that you cannot leave

Request the specific basis and put the notice and response in a dated timeline. Seek local advice about the employment system, disputed last day and document or wage issues. Avoid promising a new employer a date before resolving your own obligations. A disagreement about approval and a claim for loss are different matters and should be recorded separately.

What to check if the issue is unresolved

If the employer still disputes the notice, check your contract and any written policies for a special procedure, and confirm whether you are subject to a special public-personnel system. Ask a local adviser to review the delivery evidence and the employer's stated reason. Bring the dated notice, delivery proof, any reply, and a list of handover items.

Example: a refused notice

Hypothetical illustration: an employee covered by the ordinary Labour Contract Law route sends a written 30-day notice and receives a reply saying “not approved because the project is busy.” Discretionary approval is not the condition for resignation through that statutory notice route. Keep proof of actual receipt and ask for the recorded end date, handover recipient and certificate arrangements. If delivery or coverage is disputed, take those specific facts for advice. A busy-project objection should not be confused with a separate claim about damage or confidentiality.

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