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The employee writes a resignation letter.
Resignation is not dismissal, there is no financial compensation.
Target. Unilateral termination of labor relations by an enterprise requires the employer to issue a dismissal letter or dismissal agreement. It should not be up to the employee to write the resignation request.
Expansion: The difference between resignation and resignation:
The resignation application is often the employee's voluntary application for resignation, which usually requires 30 days in advance, and the probation period is 3 days in advance, and the employer is not at fault.
Resignation is the termination of the labor contract, which is a negotiation between the employee and the enterprise to terminate the labor contract, in which the employee often asks for compensation or supplementary social security payment.
Some enterprises do not have strict requirements for the two.
Resignation applications are often not eligible for compensation, and the termination of the employment contract can be carried out in accordance with the Labor Contract Law.
The resignation application is a general term, and the termination of the employment contract is a legal term.
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If the company dismisses you, the company will compensate you, but the company does not need to compensate you if you write your resignation application. If you want to be compensated, then don't write a resignation application.
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For example, even if you have worked in this factory for ten years, if you write a resignation application, there is no compensation for a penny, if the company dismisses you, there will be at least tens of thousands of yuan in compensation, so if you work for a long time, do not write a resignation application, let the company dismiss you with compensation.
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Don't do this, you must refuse the company, if you are dismissed like this, you need to pay you compensation, but because the company does not want to give you this money, it forces you to ask. If you write a resignation letter about your resignation, the company will decide that you have resigned yourself, so it will not give you any compensation, so this is the case. Or not.
If you do not agree, you must ask the company to write a dismissal letter and give compensation, or if you don't encounter this situation, the company can report it to the relevant unit if you really don't give it.
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Resolutely don't write, the company has compensation for dismissal, and I didn't resign at all. Be resolute, don't give compensation and don't leave.
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Yes, you resign, you write a resignation application, the north said very simple, very simple, the reason for resignation is that the world is so big, I want to go and see, or the boss is too black-hearted, I am far away, right, you resign, you write a resignation application, the north said very simple, the reason for resignation is that the world is so big, I want to go and see, or the boss is too black-hearted, I want to stay away from you.
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If the company dismisses you, you will have to pay compensation; But if you resign voluntarily, the company will not have to pay compensation. The company just doesn't want to pay compensation, so it is recommended that you call the Labor Bureau** or go to the Labor Bureau for consultation or complaint.
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If you write your resignation application by yourself, it means that you want to do it yourself, you want to resign yourself, it has nothing to do with the company, if you resign from the unit, you can find labor arbitration and they will help you get the money back.
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Because the company fires you, they need to compensate you, and if you write your own resignation report, that is, you resign, and the company will not compensate you.
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It's a trick on the company in front of you, once you write your resignation application, the company won't give you compensation, and you can't apply for unemployment benefits, so it's best not to write it.
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If the company wants to fire you, don't write a resignation application, because there is compensation for your dismissal, and there is no compensation for taking the initiative to apply for resignation!
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If the company wants to dismiss you, then let him compensate you according to the compensation, and ask you to write a resignation application, and there may be no compensation.
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If you are dismissed by the company, you will have to pay compensation, and you will write your own resignation report, and the company will not have to pay a penny.
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You won't be compensated by the company if you write your resignation application yourself, so don't write it yourself.
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Although it is said that it is illegal, it is normal to encounter such a situation in real life
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After being dismissed by Keiji Gongfan, employees do not need to write a resignation application. According to the relevant regulations, the company and the employee can terminate the labor contract through consultation. If the labor contract is terminated, the company shall pay the employee severance payment.
If the employee resigns voluntarily, the company does not need to pay severance payment. Therefore, if the company orders the employee to write a resignation application, it is recommended that the employee do not write the resignation application for the sake of their own interests. Otherwise, you will not be able to receive financial compensation.
If the employer takes the initiative to terminate the labor relationship in advance (including the de facto labor relationship that has been formed without a written labor contract), the employer needs to pay the employee economic compensation, and the employer takes the initiative to terminate the labor relationship in advance, and generally there is no legal reason for termination (the epidemic is not a legal reason for the employer to terminate the labor relationship in advance), so the employer is also suspected of illegally terminating the labor relationship, and according to the regulations, the unit unilaterally and illegally terminates the labor relationship, and needs to pay twice the economic compensation to the employee.
It is not difficult to see that after being resigned by the company, employees do not need to write a resignation application. Employees should know the law, understand the law, and protect their own rights and interests legally. Severance agreements should not be written to the company.
Legal basis
Labor Contract Law of the People's Republic of China
Article 36.
The employer and the employee may terminate the labor contract if they reach an agreement through consultation.
Article 37.
The employee may terminate the 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.
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Summary. Hello dear, the company wants to dismiss, but let yourself write a resignation application, you can refuse to write a resignation application!
The company wanted to fire me, but asked me to write a resignation application.
Hello dear, the company wants to dismiss, but let yourself write a resignation application, you can refuse to write a resignation application!
If the employer dismisses the employee without justifiable reasons, it is an illegal act, and it is necessary to compensate the employee, that is, to pay compensation. According to the relevant provisions of China's "Labor Judgment Law": 1. Economic compensation shall be paid to the worker according to the number of years of service in the unit, and one month's salary shall be paid to the worker for each full year.
2. If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
But let yourself write a resignation application, you can refuse to write a resignation application! If you write it yourself, you won't have to pay financial compensation!
The company wants to dismiss, you don't write a resignation application, let the company write a dismissal letter. And ask the company to pay severance payments!
In this case, I refuse to fill out the exit form. When I went to work, the other party said that there was no work arrangement for me to take a vacation. Is it considered a voluntary resignation after three days?
If three days is not considered to be a voluntary resignation, as long as you do not go through the resignation procedures, it is not considered to be a resignation!
If you go to work, the other party says that there is no work arrangement, let the company take a vacation, and let the company issue a vacation book!
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Legal analysis: The labor law stipulates that employees must leave the company three days in advance during the probationary period and 30 days in advance after the expiration of the probationary period. The resignation report can be written by hand with pen and paper, or it can be printed on a computer.
Handwritten resignation report, A4 paper or sticky note paper, and a pen (preferably with a pen) are more formal. Another way is to go to the human resources department of the unit you serve to get a resignation application form, which is generally available in the personnel department. If you want to resign, but you don't want your boss or colleagues to know about it right away, it's best to prepare your own paper and pen and write it yourself, and then hand it in.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
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) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;
6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
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