Write 3 more words in the resignation report, he lost the company 29,000 yuan, resigned after the year, be careful of these “pits”

Recently, Peng Chenyu, who used to work for a software development company in Dalian, Liaoning Province, felt depressed.He resigned on his own initiative, but had no choice but to pay his former employer a financial compensation for using a flawed online resignation report template.Reporter investigation found that in reality, because of the resignation documents when workers and employers labor disputes are not in a minority.The content of documents that seem “similar” will bring “much worse” results when it comes to workers’ rights protection.Lawyers remind that workers should choose the right resignation documents according to the specific situation, learn to “plug the leak to avoid pit”, write clear reasons for leaving and compensation amount and other content, careful use of “application” “instruction” “request” and other words, for the format of the terms, to dare to question, cautious signature.In March 2021, Peng Chenyu decided to leave the company because his salary had not been raised for five years.He submitted a hard copy of his resignation report to human resources 30 days in advance, which he had rewritten from a template downloaded from the Internet and had the words “Please approve” at the end.On April 23, Peng chenyu packed up office supplies and left the company.To his surprise, on May 20, he received a summons from the court: The company sued him for absenteeism and demanded 29,000 yuan in economic damages.After the trial, the People’s Court of Dalian Jinzhou District held that peng Chenyu’s resignation report contained the words “please give instructions”, which belonged to the termination of the labor relationship through consultation and did not conform to the provisions of Article 37 of the Labor Contract Law that “the laborer may terminate the labor contract by notifying the employer in writing 30 days in advance”.It applies to the case that “the employer and the laborer may terminate the labor contract upon consensus through consultation” as stipulated in Article 36 of the Labor Contract Law.Therefore, in the absence of mutual agreement, Peng Chenyu’s behavior belongs to absenism and the employer should be compensated for its economic losses.In July 2020, dalian Jinzhou District People’s Court also heard a similar case.Wang Qingke, an employee of a high-tech enterprise, submitted a notice of termination of labor contract to the enterprise for failing to pay social security and failing to pay 6,400 yuan of salary for two months.Originally, according to Article 38 and Article 46 of the Labor Contract Law, if an employer fails to pay labor remuneration in time and in full, or fails to pay social insurance premiums for the employee, the employee can terminate the labor contract, and the employer should pay certain economic compensation to the employee.However, because wang Qingke submitted the notice of termination of labor contract was downloaded from the Internet template, which did not specify the specific reasons for leaving.In the end, wang qingke only received 6,400 yuan in unpaid wages after court mediation.Enterprises in the name of “unified template” to bury “pit” “routine” workers “look ‘similar’ template content, in the rights of workers will bring ‘much worse’ results.”Meng Yuping, a lawyer at Duan Heduan (Shenyang) Law firm in Shanghai, said that it was not uncommon for employers to cheat workers in the name of a “unified template” in the cases of labor disputes she took over, in addition to employees’ own use of the resignation template.Zhao Xiaoshu, a material member of an automobile spare parts enterprise in Shenyang, was so “tricked”.At the time of leaving, the enterprise asked her to sign on the application form for leaving in order to pay economic compensation quickly, and said that this is the company’s unified template, are standard terms.In the labor arbitration, the sentence “there is no other dispute between the two parties” in the Application for separation became the key evidence, resulting in the arbitration tribunal did not support her application for overtime pay.Zhao xiaoshu is a person with full capacity for civil conduct and there is no evidence that she was coerced by the company, so she signed an agreement that she could not apply for compensation without other disputes, the tribunal said.Because of the company’s “routine”, worker Li Li also failed to get economic compensation.At the arbitration tribunal, when the employer took out the Resignation Application Form signed by her, she found that among the reasons for resignation, she checked “personal reasons”.Therefore, the tribunal determined that Li Li resigned voluntarily.”In parentheses after the ‘company reason’ option, it says, ‘Company has defaulted on salary or social security.'”Ms. Li told reporters that she felt she was unhappy about a job transfer, rather than unpaid wages or unpaid social security, so she didn’t check the “company reason.”In the relevant case trial, Shenyang a basic people’s Court judge Zheng Hong also confirmed to reporters, there is such a company resignation documents unified use template, inconsistent with the facts, the judge can only judge according to the evidence, “white and white documents are the most persuasive, employees should be responsible for their signed documents.”Resignation documents without a unified template workers should learn to “plugging the leak to avoid pit” resignation report, resignation application, resignation notice, resignation agreement……The reporter searched and found that on the Internet about the resignation document template, the name is multifarious, content elements are not the same.Liang Zhaoqiang, a lawyer from Beijing Yingke (Dalian) Law firm, said that workers are generally divided into three situations: one is to take the initiative to leave, the need to notify employers 30 days in advance;Another is to leave by consensus;Another is forced resignation.”Different companies have different requirements for resignation documents, and there is no uniform template. The online resignation document template lacks authority and pertinence.”He explained that usually workers take the initiative to leave, should submit “resignation (resignation) notice”, the reason tick “personal reasons”, the enterprise does not need to pay economic compensation;In case of resignation by consensus, the “Resignation (resignation) Agreement” shall be submitted, in which the time of resignation, the form and amount of compensation shall be indicated;When forced to resign, a Notice of Forced Termination of Labor Contract should be submitted, stating the reason for forced resignation and the amount of compensation required, such as failure to pay social security in time and pay labor remuneration in full, as evidence of subsequent rights protection.Zheng Hong believes that enterprises should assume the responsibility of risk prompt and take the initiative to inform workers of the requirements of resignation documents to avoid disputes after the event.In addition, labor supervision departments should strengthen supervision and punish problematic companies that deliberately “routine” employees.Meng Yuping suggested that the resignation of workers seriously, learn to “plug the leak to avoid pit”, especially to write clear reasons for leaving and compensation amount and other content, careful use of “application” “instruction” “request” and other words, for uncertain terms, to dare to ask questions.If you are forced to follow a template or accept standard terms, explain the situation in a note and photocopy the evidence.Unable to identify whether there is a “hole” in the resignation document, do not sign immediately, can seek help from the labor union, human resources and social security department of the legal experts or lawyers.Meng Yuping also reminded workers to pay attention to the “separation certificate” handling.According to Article 50 of the Labor Contract Law, the employing unit shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract.”The proof of separation is necessary for social security transfer and workers to join the new company.”Meng yuping explained.Source: Worker’s Daily * If you have copyright problems, please contact this website.

Leave a Reply

Your email address will not be published.