As an employer, dismissing employees belongs to the behavior of the employer to terminate the labor contract. According to the provisions of the Labor Contract Law, workers can be contacted to sign labor contracts 30 days in advance. When the employer terminates the labor contract, it shall notify the employee in writing 30 days in advance, and clearly inform the employee of the date, reason, payment and settlement method of the labor contract. Because the employer terminates the labor contract, the employee does not need to write a resignation report, but needs to sign the resignation form to handle the work handover. It's actually not good for individuals not to sign the resignation form and handle the work handover.
Because the employer dismisses employees, it belongs to the employer to terminate the labor contract. According to the provisions of the Labor Contract Law, employers should pay economic compensation to workers. The standard of economic compensation is the standard salary of one month after working in the enterprise for one year, and it is calculated as one year for more than half a year but less than one year. The standard salary is the average salary of 12 months before my resignation. If you leave without signing the resignation form or handing over the job, the economic compensation given by the employer may be deducted or not paid. If so, even if you go to a labor arbitration institution for arbitration, you will not get support.
If your employer has paid unemployment insurance, and the unemployment insurance has been paid for more than one year, and you are dismissed by the employer and don't want to leave, then you can receive unemployment insurance benefits in accordance with the provisions of the Social Security Law. However, receiving unemployment insurance benefits requires the employer to issue a certificate of dissolution of the labor contract relationship, and it is necessary to have a certificate of dissolution of the labor contract relationship issued by the employer to handle unemployment registration and unemployment insurance benefits collection procedures. Therefore, if you don't handle the handover or sign the resignation form when you leave your job, the employer can refuse to handle the unemployment insurance benefits for you, and this loss is relatively large.
To sum up, if you are dismissed by the employer, you don't need to write a resignation report, but you must go through the resignation procedures and handle the work handover normally, and sign the work handover form or resignation form, so that the employer can give you normal economic compensation, issue a certificate to terminate the labor contract relationship, and apply for unemployment insurance benefits.
Hello.
Dismissed employees can apply for economic compensation and ask enterprises to help distribute unemployment benefits. If they write a resignation report and sign it, it means that they resigned voluntarily and cannot enjoy all kinds of compensation mentioned above.
From the enterprise's point of view, if you sign a resignation application, the initiative is in the hands of the enterprise, and your economic compensation can be exempted from n+ 1 according to law. The amount of corporate compensation is completely "humanitarian", which is not good for you, or you may not get compensation.
From the perspective of self-protection, unless the enterprise promises to pay economic compensation according to n+ 1 standard and signs a written commitment to agree on the payment date, it cannot sign the resignation report.
First of all, you don't need the employee's signature to dismiss the employee! However, the dismissal of employees must be legal and compliant, in line with the company's rules and regulations, and these rules and regulations have been formulated through democratic procedures, and employees themselves know it. Once employees violate these regulations, they can be fired.
Secondly, after employees are dismissed, it involves the handover of employees' work. All these require me to confirm that all office supplies and work items in my hand are returned to the unit in a unified way. These forms need the signature of the dismissed employee.
Finally, after the employee is dismissed, a certificate of termination of the contract is issued to the employee, which contains some contents of the employee's dismissal, such as serious violation of the rules and regulations of the employer, or other reasons.
If you do these contents reasonably and legally, even if the employees don't sign, there is no problem. However, if you dismiss an employee on the grounds of "serious violation of the rules and regulations of the employer", if the rules and regulations have not gone through democratic procedures, or the employees themselves have not signed the system, they will say that they don't know, so they are likely to face labor arbitration from the other side.
Because, once the employee is dismissed according to the certificate of termination, it will seriously affect his finding the next job, so it is likely to breed the employee's revenge, and we will have to discuss it with the company then. Now everyone has a strong sense of law, which is a security risk for the company.
Therefore, at present, the practice of many companies is that even if employees violate the company's rules and regulations and meet the conditions for dismissal, many companies will negotiate with employees, and finally the two sides will terminate the labor contract through consultation, or leave employees a face and let them write their resignation letters.
Unless the employee violates the company's rules and regulations and causes great economic losses to the company, the unit has to dismiss in this way.
To sum up, dismissing employees is a great punishment for employees, not only being expelled from your unit, but also having a great influence on his finding the next unit. So I suggest that you don't need to take such extreme measures as a last resort, and leave a line for the company and employees, so that you can meet each other better in the future.
If you are dismissed, you have to sign the resignation report?
Then read it carefully when you sign it. If you don't sign it, there will be no serious consequences. If you sign it, you may accidentally infringe your rights and interests!
Being dismissed means that the unit proposes to terminate the labor contract, which is unilaterally terminated by the unit. Whether you agree or not, the unit will be terminated.
If you sign it, you may become "voluntary resignation" if you are not careful. Your financial compensation or compensation and unemployment benefits may not be received!
Of course, if the company clearly States in your resignation letter that it is "dismissal", it doesn't matter if you sign it.
The following is deeply analyzed by "Jingshuo Social Security":
00 1 If employees are illegally dismissed without fault, they can enjoy rights and interests 1. Remuneration:
According to the provisions of the Labor Contract Law, if the employer dismisses the employee illegally and the employee requests to continue to perform the labor contract, he shall continue to perform it; If the laborer does not request to continue to perform the labor contract, he shall pay compensation, that is, economic compensation of twice his salary.
Standard of economic compensation: the economic compensation is based on the working years of the laborer in the unit, and one month's salary is paid every year; If the monthly salary of an employee is 3 times higher than the average social salary in the previous year where the employer is located, it shall be paid at 3 times, and the longest time shall not exceed 12 years.
2. Unemployment benefits
Being dismissed by the unit belongs to "involuntary unemployment" and meets the conditions for receiving unemployment benefits.
The time limit for receiving unemployment benefits is that social security can be paid for 3 months every year, with a maximum of 24 months.
Summary: Rights and interests of illegally dismissed workers: double economic compensation and unemployment benefits.
002 employees can receive economic compensation and unemployment benefits if they are legally dismissed. Legal dismissal can be divided into two situations:
1. The employing unit may terminate the labor contract if the employee has the circumstances stipulated in the Labor Contract Law. For example, serious violations of rules and regulations; Serious dereliction of duty; Be investigated for criminal responsibility according to law and so on.
In this case, the employer terminates the labor contract according to law and does not pay economic compensation.
Rights and interests of laid-off employees: unemployment benefits.
2. If the employer terminates the labor contract due to enterprise relocation, enterprise bankruptcy and other reasons, and the employee is incompetent, it needs to pay economic compensation to the employee.
Rights and interests of dismissed employees: economic compensation and unemployment benefits.
If 003 is written in the end, the employee is dismissed by the employer. Please read it clearly when signing, and you can sign it if the company's writing conforms to the fact of dismissal.
In addition, regarding dismissal, it is necessary to distinguish the reasons, whether it is illegal dismissal or legal dismissal, and to safeguard one's legitimate rights and interests, whether it is to receive compensation or economic compensation, but no matter what kind of dismissal, you can receive unemployment benefits!
First of all, there are two kinds of dismissal: one is to terminate the labor contract relationship through consultation, and the other is to forcibly terminate the labor contract relationship; In principle, there is no behavior of not signing a labor contract through consultation; Then, for the compulsory termination of the labor contract relationship, the enterprise will only take the compulsory unilateral termination of the labor contract relationship if the employee has a major violation of discipline.
Employees have committed major violations of discipline, which have been clearly stipulated in the management system of enterprises. Then the enterprise dismisses the employee according to the relevant system, and at the same time, it serves a notice of dissolving the labor contract, requiring the employee to go through the handover procedures. From the perspective of the Labor Contract Law, such behavior is mandatory and irreversible, that is to say, whether the employee signs it in person or not, the result cannot be changed.
Of course, the above-mentioned major violations stipulated in the enterprise management system must first be legal; From the perspective of labor contract law, the so-called legality contains three meanings: the system itself cannot violate any relevant laws and regulations of the state; Secondly, the system itself must be discussed and approved by the workers' congress or the trade union; Third, such a system must be known or publicized by employees, which is indispensable.
The reason why a written document (notice of termination of labor contract relationship) is issued when the labor contract is terminated is only to complete the legal procedures stipulated in the Labor Contract Law, and it does not necessarily require the signature of the employee himself (for example, the enterprise can notify the parties by express delivery or email), which is also in line with legal procedures.
Secondly, if the employee who is forcibly dismissed does not sign the resignation handover form, it can only show that the employee has not handled the resignation handover. According to the contract law, if this behavior causes great losses to the enterprise, the enterprise can sue the employee for compensation, which is completely unfavorable to the individual employee.
Pay attention to the ecological construction of the workplace and the practice of enterprise management; Whether you can sign the dismissal depends on the situation. Signing means that you are voluntary and lose the possibility of safeguarding rights, unless the unit gives you some economic compensation. If the company dismisses you or illegally dismisses you, and you don't accept it or sign it, then you can apply to the labor arbitration department for mediation or bring a lawsuit to the court to safeguard your rights and interests according to law.
There are many reasons for being dismissed. For example, the company has few orders and the overall benefit is sluggish, so it is not necessary to stay any longer. If the company compensates you according to the regulations, you can sign it and seek greater development elsewhere. The compensation standard is calculated according to the length of service, and one year's service has one month's compensation, which is calculated according to your average salary.
If personal reasons, such as physical factors, fail to meet the requirements of the job, then if the company gives you compensation, you can sign it.
Therefore, whether to sign a resignation letter depends on the situation. The first goal is that your own interests will not be harmed.
Hello, employees don't need the employer's signature to resign. If an employee resigns, he only needs to notify the employer in writing one month in advance to terminate the labor relationship.
I. There are three situations in which an individual resigns:
1. The employing unit has Article 38 of the Labor Contract Law, and the employee can leave the job immediately without the approval of the employing unit, and can request to pay the remaining salary and economic compensation (pay 1 year 1 month salary) and go through the resignation procedures.
2. If the employee fails to leave his job 30 days in advance, and the employing unit does not have Article 38 of the Labor Contract Law, it is illegal for the employee to directly submit his resignation letter. The employer may require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.
3. According to Article 37 of the Labor Contract Law, a worker can leave his job in writing 30 days in advance without the consent of the employer. Among them, the probation period is put forward in writing 3 days in advance; The employing unit has the obligation to settle the salary and go through the resignation formalities.
Second, the laborer can send a notice of dissolution of labor relations to the employer by express delivery or registered mail (in layman's terms, resignation letter and resignation report), which is convenient for retaining evidence. If the employer fails to pay the employee's salary or handle the resignation formalities for the employee, the employee can solve the problem by applying for labor arbitration.
Three. Relevant legal basis:
Article 37 of the Labor Contract Law: The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the 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, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
Hello, I'm Sister Miao, a senior HR who has worked hard in the workplace for 20 years. I'm glad to answer this question.
What will happen if you don't sign the employee dismissal report? For this problem, Miao Jie looks at it this way:
First of all, we need to confirm the nature of the resignation report. 1. If the resignation report you are talking about is a resignation handover report, the main content is about work handover, and it does not involve your own resignation or the company's resignation, then Sister Miao feels it necessary to sign it.
Because this shows that although you have been dismissed, you have made a normal handover with the company, and the company cannot deduct your salary on the grounds that you have not handed over. Therefore, if the content of this report is about work handover, Sister Miao suggests that you sign it after the normal handover.
2. If the resignation report you are talking about is a resignation report, the main content is to show that you resigned voluntarily, then Sister Miao advises you: Never sign it! ! ! This is a pit! ! !
Now some bad companies have come up with many despicable means to dismiss employees without compensation. Some directly verbally promised to pay you compensation, without making a written agreement. At that time, you will be asked to sign the resignation application, saying that after signing, the money will be sent to you together with the salary, but when the salary is paid, the compensation will often be gone. If you go to the company to ask the reason, they will think that the original formalities have left, they don't know the situation, and there is a resignation letter signed by you. Even if the company is sued, the chances of winning the case are very small, so many dismissed employees have suffered a dumb loss. So, if the company dismisses you and asks you to sign your resignation letter, don't sign it!
Secondly, you can apply for unemployment benefits after being dismissed! After being dismissed, in addition to paying a certain amount of economic compensation or being compensated by a qualified company, an individual can also register for unemployment in the street where the household registration is located (where the temporary residence permit is located), and those who meet the conditions can also receive unemployment benefits.
Now Qingdao has realized online processing, and it is very convenient to apply directly on the website of the Human Resources and Social Security Bureau. But unemployment benefits must meet two conditions: first, I don't want to leave my job, even if I resign, I can't get it; Second, you must be insured for more than one year before leaving your job, or you can continue to receive unemployment benefits that you did not receive before.
Unemployment benefits can be received for up to 24 months at a time. Now the unemployment benefit in Qingdao has been increased again, with a monthly rate of 17 19 yuan, which is close to the minimum wage in Qingdao. Moreover, during the period of receiving unemployment benefits, individuals do not need to pay medical insurance, and the medical insurance is partly paid by the Human Resources and Social Security Bureau. Individuals only need to pay personal endowment insurance, and there are many preferential policies.
So it's not that all resignation reports can't be signed, but that you should read the contents clearly. Don't sign it if it is related to personal resignation. If it's just a normal work handover, no problem.
Explain that employees do not recognize the result of dismissal, and subsequent resignation work is more difficult to handle. For those who deal with this matter, the pressure will be even greater, usually in the human resources department. What should I do if the dismissal report is not signed?
Whether the reasons for dismissal are sufficient The company must have reasons to dismiss employees, for example, according to the company's rules and regulations. Then it is necessary to check whether the company's rules and regulations formulation process meets the statutory requirements, when to publicize or train employees, and whether employees sign for approval. In addition, you should check the personnel files of employees in the company, such as labor contracts and copies of ID cards, and whether the company keeps them. In addition, it is necessary to check whether the company's social security is paid according to the national base. Serious injuries that have not been handled by these companies will basically erupt if employees do not sign.
The dynamic thinking of employees is that they must have worked in the company and have a better understanding of the company. You can find a colleague who has a good relationship with him as a third party to see what he thinks and what kind of requirements he has. If you don't want to lose this job, then it depends on the impact and loss caused by employees' behavior to the company. If it is bigger, then resolutely dismiss it. If you can give the opportunity to make corrections, you can punish them within the company, such as informed criticism and warning. If it is because the resignation compensation has not been negotiated, then communication can be made. The employee has accepted the resignation, so it is best to handle it through negotiation, which is not risky to the company. For individuals, it saves a lot of trouble, does not need to spend time in arbitration or court, and does not occupy more social resources.
It can also be delivered legally without signature. If the employee's violation of discipline is clear and has a bad influence, there is also a very quick way to deliver it by express delivery. The courier chooses postal EMS, and the courier fills in the Notice of Termination of Labor Contract on the cover and issues an invoice, which can be used as proof of delivery. If the employee refuses, he can send another courier, and the second delivery is regarded as delivery. When sending express delivery, it is best to send a copy of the ID card address and the employee's residence address. This shows that the company has done its best to inform employees, and the notice can specify when to terminate the labor relationship from the same day and when to go back to the company for resignation procedures. Even if the employee does not handle it, it is legal for the company to handle the matter through arbitration or court.
It is best to dismiss employees on the basis of communication and reach a consensus to terminate, so that both parties leave room for each other, employees can also get vested interests, and the company's work can be handed over smoothly without being affected.
The procedure of dismissing employees in the unit is somewhat vague, which can only be temporarily understood as the situation that non-workers propose to terminate the labor contract. Common ones are as follows:
1) The unit whose labor contract expires proposes not to renew it.
2) During the contract period, the unit proposes to terminate the labor contract.
3) The employee was dismissed by the unit for violating discipline.
In any case, if the unit proposes to terminate the labor contract, it shall perform the procedure of informing the laborer according to law. Generally speaking, the way of notification is to ask employees to sign in writing when going through the resignation formalities. When you say the resignation report is not signed, you should mean this link.
So what if employees don't sign or can't get their signatures? Due to the termination of the unit, labor disputes often occur, and it is common for employees not to cooperate with the signature; Or employees are absent from work without saying goodbye, and the unit needs to be dismissed according to rules and regulations, which is also very common in manufacturing.
The human resources department of the enterprise still needs the obligation of business trip notification, and other delivery methods are needed at this time. The most commonly used method is delivery by mail. If it cannot be delivered by mail, it can be done by newspaper.
Consequences of Failure to Perform the Notification Procedure If the unit does not notify the employee of the termination of the labor contract, the consequences are still relatively high. Once the employee applies for arbitration, the enterprise may face the adverse consequences of illegally canceling the payment of compensation.
I hope I can help you. Welcome to pay attention to @ obscene obscene obscene.