No matter what happens in the end, I hope it will make you "learn from your mistakes". If you encounter such layoffs, you must pay attention to whether all the documents issued by the enterprise are true. If it is not true, you can completely reject it, so that your consumer rights protection will be tried and your appeal will be successful. You can claim that you didn't receive the resignation certificate, and the company didn't show you the resignation certificate. Because in the trial practice, it is the responsibility and obligation of the enterprise to handle the resignation procedures and issue the resignation certificate for employees, when there is a dispute, the enterprise should obtain evidence to prove that it has gone through the resignation procedures and issued a written resignation certificate. If the enterprise has problems in the process of issuing the resignation certificate and fails to make relevant statistics, it will bear the result of poor cross-examination. If there is your handwriting or your signature on the resignation certificate, you can only start from other directions, such as the company's notice of layoffs, work group records, work email records and other direct evidence or evidence to prove that the company is layoffs rather than resigning for personal reasons.
When you resign, the company asks you to issue a certificate according to the labor contract law, which is convenient for you to use when looking for a job or applying for unemployment benefits. If you resign for personal reasons, you won't get unemployment insurance, but it won't affect your labor dispute arbitration and the company's economic compensation. If you apply for resignation, it will affect your labor dispute arbitration, because it is related to whether you are dismissed or resigned. If you write in your resignation application that the company is dismissed and all departments have signed for the record, it doesn't matter how you write the resignation certificate, and it won't affect your labor dispute arbitration. Generally, the resignation certificate is issued by the enterprise. In order to consider the face problem of employees looking for a job again, they usually write personal reasons for resigning, rather than being dismissed by the company. If your application for resignation is for personal reasons, it will be more troublesome for you to apply for labor arbitration.
You must find other direct evidence of dismissal, such as written evidence signed by some leading cadres before dismissal. I hope you will remember this and return unexpectedly strong direct evidence. The lawsuit is far away. Because the resignation application is for personal reasons, you also signed it. It is the direct evidence that the company dismissed you, and no one will recognize it. Because there is only the official seal of the company on the resignation certificate and your signature is not on the stub, it is a one-sided statement that the company said that you resigned for personal reasons, which cannot prove that you also resigned voluntarily. This is like writing a confirmation letter to prove that others owe you money. Is it reasonable? It's just a piece of waste paper. You ask the enterprise to show the "resignation application" you uploaded. Because you didn't submit it, there is no doubt that the enterprise can't get it; It is also useless for the company to produce a resignation certificate to prove that you resigned for personal reasons. Therefore, enterprises bear the consequences of poor cross-examination. You take the initiative to show the company's layoff announcement, compensation plan, time, place and frequency of work meetings, as well as its program host and speaker. In particular, which enterprise leading cadres have talked to you about reaching a compensation agreement, a confirmation letter for the production of the same batch of speakers and other original materials.