What will be the impact of the resignation determined by the original company to be a malicious resi

Updated on workplace 2024-03-18
5 answers
  1. Anonymous users2024-02-06

    Based on your facts, in accordance with relevant laws and regulations.

    Here's what to expect:

    Labor Contract Law.

    Article 91 stipulates that an employer shall be jointly and severally liable for compensation if it recruits a worker whose labor contract has not been terminated or terminated by another employer, and causes losses to the other employer. Generally, when an employer hires a new employee, it needs the employee to provide a written certificate of dissolution or termination of the employment contract in order to avoid legal risks. However, some units do not need it, depending on the specific situation.

    When you arrive at a new unit, you need to go through the resignation and transfer of social security relations in the original unit before you can pay social insurance premiums in the new unit.

    There are no archival records.

    As to whether or not to leave the company, it is up to the company to decide whether to leave the company, and the initiative is in the hands of the company, which is not clearly stipulated in the law. According to this law, if you maliciously resign from your job, you have violated the provisions of this law, and if you give the employer any losses, you will be liable for compensation.

    To sum up, if the employer does not agree to resign and you need to resign, please refer to the following:

    Negotiate and settle the matter and bear reasonable liability for compensation.

    If you continue to serve and submit a written resignation application, you will be automatically terminated from the labor contract after one month.

    On the grounds of Article 38 of this Law, the company raised a defense to terminate the labor contract relationship and demanded that the company pay compensation.

    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.

    violating the provisions of laws and regulations and harming 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) Laws and administrative regulations.

    Other circumstances that stipulate that an employee may terminate a labor contract.

    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.

    Regarding whether it will affect the application for public institutions or civil servants. It doesn't have any effect.

    As for the social security after resignation, it is still the same company that hangs on it. The original employer did not use it to handle the social security transfer procedures for you, which means that the employer has not terminated the labor contract between the two parties.

    If you still have doubts, please continue to ask.

  2. Anonymous users2024-02-05

    Generally, the company will have a rule, and how long you are absent from work without reason is considered to be resigned. Whether it will have an impact depends on what job you are looking for in the future, some companies will do a background check, if so, then the other party says that you left without going through the formalities, it may have a little impact. In addition, if you are like this, people will not give you a resignation certificate, and you have no way to prove that you are not employed, and it will be troublesome to find a job.

    In short, depending on what kind of job you are looking for, a good company has strict requirements and will have an impact, while a small company has no impact if it is not strict.

  3. Anonymous users2024-02-04

    has already left the job, as long as he transfers your social security out, he will leave the job.

    This will not be recorded in the file, it may be that you will not be able to get a return ticket, but many companies do not need this now.

  4. Anonymous users2024-02-03

    Your situation has left the job.

    It doesn't have any impact on finding a job in the future.

  5. Anonymous users2024-02-02

    1. The original work plan will be disrupted, and it will take time to replan the task.

    Under normal circumstances, at work, everyone fulfills their duties, completes their tasks, and what everyone does is planned. If someone leaves suddenly, there is a vacuum in the tasks he is responsible for. Especially if the departing employee is a good employee, the task he is responsible for may be more important, which will have a greater impact.

    2. Lack of manpower, the quality of team work may decline.

    As mentioned above, there are some task vacuums created by the resignation of employees, and new employees cannot be recruited immediately, at this point, other team members need to share the tasks that are left after their resignation. If the workload of the team itself is not large, so to speak, but if the work of the whole team is relatively saturated and suddenly has to take on additional work, then it is likely that the team is not doing a good job, the fire fighting work is not doing well, which will affect the quality of the team's work.

    3. It is necessary to replenish new employees as soon as possible to replace the original position.

    After an employee leaves, the action that the company must take is to recruit the employee. So, for a while, the personnel and departments will be very busy, posting positions and conducting a lot of interviews until the right people are recruited. At the same time, the resignation of good employees will have an immeasurable impact on team morale.

    Therefore, the company's leadership building needs to take some measures to reassure the remaining employees and maintain the stability of the team. In the event of a mass resignation, the results will be unimaginable.

    Improper management of key personnel or management in a company may have a significant impact on the company's core employees, because some of them are always not meticulous enough to do things. The boss may accept certain conditions from the employee for stability reasons. However, although it is accepted, there will be a gap in the heart.

    No one likes to be threatened, especially the boss. Even if you stay, the boss will bear the burden of humiliation and be sure to ride a donkey to find a horse. Once you've been prepared to find the right person to replace you, you're worthless.

    Then you will be ready to leave.

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