Do you know the difference between resignation, resignation, dismissal, and voluntary resignation?

Difference Between Dismissal, Resignation and Voluntary Resignation:

1. The legal meaning is different.

Resignation: Resignation is the act of the employee voluntarily terminating the labor contract, which is divided into "advance resignation" at no fault of the employer and "immediate resignation" at fault of the employer.

Voluntary resignation: Voluntary resignation is not in accordance with the law. Employers may treat employees who "voluntarily leave their jobs" as absenteeism and remove them from their list.

According to the relevant laws and regulations of the state, a worker who "voluntarily resigns" not only cannot enjoy any benefits, but also needs to bear responsibility if it causes economic losses to the employer.

Dismissal: It is a serious violation of the company's rules and regulations, the ability is not competent for the job, or the company needs to adjust personnel according to Article 41 of the Labor Contract Law.

2. The time of resignation is different.

Resignation: According to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract relationship.

Voluntary resignation: Leave your employer directly.

Dismissal: Violated the company's rules and regulations, and was dismissed because he was unable to do his job, and left on the same day.

3. Different treatment.

Resignation: When resigning, the employer shall pay the employee a lump sum payment.

Voluntary resignation: Whether voluntary resignation can enjoy the benefits of resignation, resignation or dismissal.

Dismissal: The company needs to pay one month's salary to the employee.

The unit asked me to write an automatic resignation report, which I can't write, and if you write it, it will be equivalent to leaving yourself, so that the unit will not go through the procedures for you to leave work, then the file will be deducted, and then you will be in trouble to find a job in the future. You still have to write a resignation application, so that at least you can go through the resignation procedures normally. You can't make it look like you're leaving yourself.

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.

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:

The subject is different: the dismissal is made by the employer, and the resignation is proposed by the employee. 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.