1. Is it required by law to sign when dismissing employees?
The notice of dismissal from the company does not require the employee's signature for the following reasons:
1. The company's notice of dismissing employees does not require employees' signatures. The dismissal of employees by the company is a unilateral act of the company and has certain compulsion. The essence of the company's notice of dismissing employees is notice rather than agreement. In order to ensure that the dismissed employee receives the notice, the notice of dismissal is generally submitted directly (for the dismissed employee to sign for it), registered mail (for receiving the receipt) or issued in the form of a newspaper announcement, which takes effect when the dismissed employee receives the notice, rather than when the dismissed employee signs and agrees.
2. Require the dismissed employee to sign the dismissal notice, in order to prove that the employee has received the dismissal notice from the employer or knows that the employer has dismissed him. If there is other evidence that the employee has received the dismissal notice from the employer, it is not necessary to require the employee to sign the dismissal notice.
Dismissal is the behavior of the employer to dismiss the employee, and it is a compulsory measure for the employer to terminate the labor relationship with the employee for some reason. According to different reasons, it can be divided into disciplinary dismissal and normal dismissal. Dismissal in violation of discipline refers to an administrative measure taken by an employer to forcibly terminate labor relations with employees who have seriously violated labor discipline or internal rules of an enterprise but have not yet reached the level of dismissal or expulsion. Normal dismissal refers to a measure taken by the employer to terminate labor relations with employees according to the production and operation conditions and the situation of employees, and according to the policies and regulations of China and local governments on transforming the operating mechanism of enterprises and resettling surplus personnel in the process of reform.
Second, whether there is compensation for being dismissed by the company depends on the reasons and methods of dismissal:
1. If the employer terminates the labor relationship with you or pays any economic compensation without reason, you are not at fault, and there is no situation stipulated in Article 39 of the Labor Contract Law. You can conclude that the employer's behavior belongs to the illegal termination of the labor contract stipulated in Article 87 of the Labor Contract Law, and should pay you compensation, that is, pay you 2 months' salary for each year of work, 2n;
2. If the employer terminates the labor relationship with you according to the provisions of Article 19 of the Regulations for the Implementation of the Labor Contract Law, and if it meets the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, pay you one month's salary for each year of work, n; According to Article 40 of the Labor Contract Law, you should also pay 1 month's salary as payment in lieu of notice, n 1, without notifying you in advance;
3. You have the circumstances stipulated in Article 39 of the Labor Contract Law. If the employer terminates the labor relationship with you, you don't need to pay any economic compensation and you don't need to inform you in advance; But this requires the employer to provide evidence and notify you in writing to terminate the labor relationship.
The relevant labor relations between employers and workers are protected by law. Laborers may request the employing unit to terminate the labor contract, but they must notify them 30 days in advance. However, if the employer wants to terminate the labor contract with the employee, it must have a clear reason for the employee to violate the relevant post regulations.