Ask me about resignation and dismissal, the difference between resignation and dismissal, and the im

The company dismisses you and requires you to sign in writing, if you don't agree with the negotiation results, you can not sign in, you should be able to get your requirements, and you may not be able to get them if you don't ask for them.

But I'll give you a trick: use the law to help you, the company will have a one-month notice period to dismiss employees before the end of the labor contract, and the company has not notified you now, you can ask to work until the end of January.

In this way, you will get the year-end bonus clearly, and the year-end bonus is bounded by the end of December, not the Spring Festival, so you should be able to get it.

If the company does not sign a formal labor contract with you, it does not matter, according to the labor law, the maximum probation period cannot exceed three months, and it is illegal to fail to sign an employment contract for more than three months, and it is deemed to have signed a one-year labor contract from the fourth month.

Definitely won't send it to you! Now the labor law stipulates that if you don't sign a contract, you can sue him, and from January 1, 2008, you will be paid 2 months' salary every month, and if you sign a contract, then you will get nothing! It's time to give out the year-end bonus, don't let them catch your fault and fire you!

This company can send it if it wants to, and there are no regulations if you don't want to send it, so this is the right of the company, and you have no right to ask for it. There will be no remark to your resignation.

You resign yourself without compensation.

If you are dismissed by the company, you will be compensated, but if you are absent from work or violate the company's rules and regulations, there will be no compensation.

Neither of them can get the year-end bonus, let alone the Spring Festival New Year's fee.

Legal Analysis: Resignation and dismissal are different actors. Resignation and dismissal are different from policy support and policy constraints. The reasons for resignation and dismissal are different in nature. The procedures for resignation and dismissal are different. The financial benefits involved in dismissal and resignation are different.

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 employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

1. If the employee is dismissed by the employer without cause, the employee may apply for labor arbitration and require the employer to pay the arrears of wages, deposits, compensation for illegal termination, wages, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; The statute of limitations for labor arbitration is one year from the date of the employee's resignation.

2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, wage slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimony (resigned and in-service can be used), audio and video recordings of Li You or other written materials with your name and official seal or the boss's signature, etc.;

3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's industrial and commercial registration information or business license (registration information is not required in Beijing). After the case is filed, **, and then mediated, and the arbitration committee issued an award if the mediation fails.

Labor Contract Law

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 harm to the employer;

4) The worker establishes a labor relationship with another employer at the same time, which seriously affects the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;

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

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

Question 1: The difference between resignation and dismissal.

1. There is a difference in meaning.

Resignation is the resignation of the employee, which is the act of the employee proposing to the employer to terminate the labor contract or labor relationship.

Dismissal is an act of dismissal by an employer, which refers to a compulsory measure taken by an employer to terminate the labor relationship with an employee for some reason.

2. The subject of the behavior is different.

Resignation is initiated by the worker and is a subjective action of the worker.

Dismissal is proposed by the employer to the employee and is a passive act of the employee.

3. There are differences in the reasons for the occurrence of behaviors.

Resignation is when the employer compels the employee to work with violence or threats, fails to pay wages as agreed in the contract, etc., or the employee terminates the labor contract by notifying the employer in writing 30 days in advance according to the employee's choice.

Dismissal is an administrative measure taken by an employer to forcibly terminate the labor relationship in accordance with the law against an employee who has seriously violated labor discipline or the internal rules of the enterprise, but has not reached the level of dismissal or dismissal. or a measure taken by the employer to terminate the labor relationship with the employee according to the production and operation conditions and the employee's situation.

4. The degree to which the behavior occurs is not the same.

Resignation is neutral and is the result of mutual agreement between the employer and the employee.

Dismissal is an act in which an employer forcibly terminates a contract with an employee.

Question 2: The impact of resignation and dismissal on the future.

Resignation has basically no impact on finding a job in the future, and it is likely that there will be help, but you can't change jobs too much.

Dismissal will have a great impact on the future, and if you are dismissed in an administrative institution, you will not be able to take the civil service examination again for 5 years.