Current location - Quotes Website - Signature design - Do employees need to sign the notice of dismissal?
Do employees need to sign the notice of dismissal?
The notice of dismissal does not require the employee's signature.

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. The notice of dismissal does not need to be signed. Generally speaking, the notice of dismissal is submitted directly to the dismissed employee for signature, or a receipt is issued by registered mail or in the form of newspaper announcement. It takes effect when the dismissed employee receives the notice, not when the dismissed employee signs and agrees.

Enterprises need to pay economic compensation when dismissing employees:

1. If the parties to the labor contract reach an agreement through consultation, the employer shall terminate the labor contract and pay the economic compensation according to the standard that the laborer will be paid one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, it shall pay economic compensation of half a month's salary to the laborer;

2. If the employee is sick or injured non-work-related, and the labor contract is terminated after being confirmed by the labor appraisal committee to be unable to engage in the original work or other work arranged by the employer, the employer shall pay one month's salary for each full year according to the employee's working years in the unit;

3. If the laborer is incompetent for the job, but still incompetent after training or job adjustment, and the employer terminates the labor contract, the employer shall pay the economic compensation equivalent to one month's salary according to the number of years he has worked in the unit.

4. The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract unable to be performed and the parties cannot reach an agreement on changing the labor contract through consultation. If the employer terminates the labor contract, the employer shall pay one month's salary for each full year according to the number of years the employee has worked in the unit;

5. If the employer is on the verge of bankruptcy for legal rectification or has serious difficulties in production and operation, and it is necessary to lay off employees, the employer shall pay economic compensation according to the number of years the laid-off employees have worked in the unit. The standard of paying one month's salary every full year is paid to the workers.

To sum up, if the employee seriously violates the rules and regulations of the employer, the employer can notify the employee to terminate the labor contract at any time, which is also called negligent termination of the labor contract. In this case, if the employer proposes to terminate the labor contract, it may not pay economic compensation.

Legal basis:

Article 39 of People's Republic of China (PRC) Labor Contract Law

If the employer unilaterally terminates the labor contract (negligent termination), the employer may terminate the labor contract under any of the following circumstances:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.