Voluntary resignation Dismissal by the company How to choose

1. There are three situations in which an individual proposes to resign:

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

Labor Contract Law!

If you are dismissed for reasons related to the company, it will not have any effect.

You should be paid severance payments, and the company wants you to leave your job because you don't want to compensate.

Therefore, you should go to work on time without receiving a formal written notice (stamped with the official seal), otherwise you will refuse to leave the company.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the dismissal is not given one month's notice, one additional month will be added.

Severance = Compensation time The average salary of the 12 months before you leave the company (the calculation of the average salary: it is the number of all wages due in the current month, which is the number before deducting personal insurance and provident fund.) ）

If you voluntarily leave your job, the company may not pay severance payments. Only if the employer requests the employee to terminate the labor contract in accordance with Article 36 of the Labor Law and the employee agrees to terminate the labor contract through consultation, you should ask whether there is a problem of economic compensation, and if not, let the company dismiss you. However, it is important to note that if the company does not dismiss the employee without justifiable reasons, the employee may request to continue to perform the contract.

Voluntarily resigning, like you said, will not be compensated.

If the company proposes to dismiss, it can claim compensation from the company. In fact, legally speaking, the company must also have a valid reason for dismissal, such as being incompetent for the position, but your current situation, the company definitely does not have this reason, so you can talk to the company, generally speaking, you can talk about 1 to 2 months' salary as compensation, and then press"The two parties agreed to terminate the labor relationship"Dispose. It has no effect on finding a job.

Anyway, you have to remember that the law can basically be said to be inclined to protect workers now, so talk to the company and don't worry.

Pay attention to face or take the initiative to resign, that bit of compensation is not worth it, personal opinion.

1. Dismissal = compensation; It doesn't affect the job search, that's a lie, but the company doesn't want you, you can't do anything; How much influence depends on your own ability [Ability includes all aspects of yourself and family, please refer to "My dad is Li Gang...... for details”

2. There is a premise for choosing to resign voluntarily: according to 1, you can only sign after receiving the compensation stipulated in Article 87 of the Labor Contract Law and calculating correctly, and any verbal commitment is a floating cloud.

Legal Analysis: Dismissal is an act of an employee involuntarily leaving his or her current job, and resignation is resignation, which is an act of the employee proposing to the employer to terminate the labor contract or labor relationship. The differences between the two are:

1. The subject is different: the dismissal is made by the employer, and the resignation is proposed by the employee. 2. There is no compensation for resignation, but there is compensation for dismissal.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm 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 labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

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

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Legal analysis: The difference between resignation and self-departure is: 1. Resignation is an act of termination of labor contract or labor relationship by the employee to the employer; Self-departure is an act in which an employee forcibly terminates the labor relationship with the enterprise by leaving the company without authorization according to the company's own situation.

2. Resignation with different treatment is the termination of the labor contract through negotiation between the two parties. Because the contract period has not expired, the employer generally submits an application for termination of the contract, and after the employer agrees, it is deemed to have negotiated the termination of the labor contract, and the employer shall pay the labor remuneration and other rights and interests due to the employer. Self-resignation means that the employer unilaterally terminates the labor contract without consulting with the employer, which not only does not receive the labor remuneration it deserves, but also may be sued by the employer for breach of contract losses.

3. The subject of termination of the labor contract may be the employer or the employee. However, the main body of application for resignation and voluntary resignation is only the worker.

Legal basis: Labor Law of the People's Republic of China Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance: (1) the employee is sick or injured not due to work, and after the expiration of the medical treatment period, the employee is unable to engage in the original job or the work arranged by the employer; 2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.

If the company asks the employee to voluntarily leave the job, it is not a dismissal, and you can refuse to leave the job.

The boss is careful. If you voluntarily leave the company, you will not be compensated, and if he dismisses him, he should be compensated according to law. The difference lies in the "required" and "voluntary" approaches.