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Persuasion means that the employer will be dismissed, and the employer and the employee will terminate the labor contract through negotiation.
Relationship. People who are new to the workplace may think that persuasion is the meaning of dismissal, which is not right, and only when the employer unilaterally terminates the labor contract relationship is dismissed.
The pros and cons of dismissal are that the employer can avoid giving the employee financial compensation.
Therefore, when you encounter a unit that wants to persuade you to retire, do not easily agree to resign, and must have a sense of self-protection and protect your own rights and interests. So, when you are persuaded to quit by the unit, you must know these points:
1. Why was he persuaded to quit by the unit?
Although the unit has the right to dissuade employees, it is not said that they will retire, and there must be an explanation. I have seen many units' nonsense reasons for quitting: what is not suitable for the job, what unit is evaluated and eliminated, what enterprise needs to survive and develop, what enterprise is transformed, etc., are very far-fetched and unwarranted reasons.
Therefore, if you are persuaded to quit, you must also understand why you are persuaded to quit.
Labor. There are three types of situations in which an employer can dissuade an employee:
1.Employees are no longer able to work due to illness or non-work-related injuries; 2.Employees are still incompetent to perform their jobs after training or job adjustments; 3.The objective situation at the time of the labor contract signed between the employer and the employee has changed significantly, and the employer is unable to perform the labor relationship with the employee.
In the workplace, there are various reasons for actual persuasion, and they will always be related to the above three, and employees can also protect their own rights and interests.
2. How to defend your rights if you are persuaded to retire?
If it is a normal dismissal in accordance with the labor law, the compensation to be paid by the employer to the employee is:
1.If the employee has worked for one year, he shall be compensated according to the standard of one month's salary; if it is more than one month but less than one year, one month's salary shall be compensated; 3.If it is less than 6 months, half a month's salary will be compensated, and the probationary period can also claim compensation.
If the employee is dissuaded by the company without fault or inexplicably, or if the female employee is dissuaded by the employer during pregnancy, etc., if the negotiation fails and the employer has to dismiss, the employee can request the employer to give double economic compensation in accordance with the above compensation standards. The most critical point here: employees should not take the initiative to accept persuasion, negotiate first, and then pursue compensation if the negotiation fails.
If the employer fails to fulfill the obligation of financial compensation, the employee can appeal to the labor arbitration institution, which is a troublesome matter that any employer is worried about.
3. What should I do after being persuaded to quit?
If you do not have the rules and regulations of the unit that has seriously violated the law.
When the unit has to persuade him to quit, he should not take the initiative to leave his job or make a resignation report.
Enterprises are persuaded to retire, lay off employees, and illegally dissolve or terminate contracts to bear the liability for compensation, and must not only pay economic compensation, but also pay social insurance.
However, there is no financial compensation for employees who are dismissed (or dismissed) due to serious violations of discipline and regulations, or resign for personal reasons.
Although the dismissal is through negotiation to terminate the labor relationship, there is no one to force anyone. But when it really comes to this point, as an employee, you should also feel that there is nothing to remember about this unit, so let's see how you can fight for more benefits for yourself.
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Then take the initiative to resign, this has happened, you will definitely have no future in this company, and you will be ignored or even isolated.
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It depends on what reason you were dissuaded.
If you just make a mistake because you didn't do your job well, you can communicate with the leader and make some changes, maybe the leader will give you a chance.
If you don't take your work seriously, I think you should think for yourself, is your role really meaningful? It's only right to change jobs and take the new job seriously.
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I think you can accept this fact and go and find a new job, after all, the world is so big, it is impossible to live without your place.
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I think that if I am persuaded by the leader to quit, I should take a good look at what kind of defects and deficiencies I have, and improve them.
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You should let the leader give you another chance to prove yourself, and then resign yourself, and go in style, gold will shine wherever it is.
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At this time, you can have a good talk with the leader to see if there is any possibility of staying.
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Hello, nice to meet you, if you are persuaded by the leader to quit, don't be sad, don't be sad, this is just to give you a test, not that you are worse than others, just to say that this job is not very suitable for you, go to another job, you will do well.
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It depends on what you think, if you don't want to leave, and you still want to continue to do it, then take out your determination to try to impress your leader, being persuaded to quit is estimated to be very serious, and the attitude must be correct. If you don't want to do it, just wait for them to be fired, and you can get compensation.
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What should I do if I am dissuaded by my boss?
If not, the leader's verbal persuasion does not have any legal basis, and you can ignore it and go to work as usual. If the company proposes a written dismissal and you are not at fault in your work, it is a dismissal without cause, the company shall give you corresponding financial compensation in accordance with the labor law. At the same time, you can also seek help from the local labor bureau in time to apply for labor arbitration.
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If the leader dissuades you to quit, then follow the contract, that is, if there is a contract, then the other party will compensate you.
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If you are persuaded to retire by the leader, it means that your work ability is very poor, and it is very in line with the wishes of the leader, so you can only obey the leader's arrangement, and there is no other way.
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If I am persuaded to quit by the leader, I think that this situation must be decided according to my actual situation, and if it is really not suitable for the job, I think it is okay to quit.
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What should you do if you are dissuaded by your leader? If you are persuaded to quit by the leader, quit your current job, don't rush to find a job, calm down, plan your future work and life, whether to continue to work, or to learn a skill, such as an accounting certificate, fire certificate, and so on.
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If you are dissuaded by the leader, then you have to distinguish the situation, if it is a direct leader, then don't do such a thing, if it is the same as the immediate boss, you have to report clearly to the current leader of other leaders.
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If you are persuaded to quit by the leader, you should remind the leader to come according to the labor contract, and if there is no reason, you cannot be fired.
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If a good cow can eat anywhere, then leave decisively, never be nostalgic, and change places to make achievements. That's what has a price.
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If led. If you are persuaded to quit, you have to do it in accordance with the labor contract.
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If it's really my own reason, I'll be able to correct it to avoid getting a new company to do it again, but if there is no reason, I think I'll get justice for myself.
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If you are persuaded to retire by the leader, it is best to leave in time, everyone looks good.
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Let him dismiss you, dismissal will give you more money than persuasion.
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Try to ask for as much compensation as you can.
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You can see if there is any compensation, if you sign a contract, you have to pay for a few months' salary, according to the length of service.
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Whether the reason for dismissal is justified or not, if it is a legitimate reason, there is nothing wrong with it.
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The first is to take the initiative to resign, thinking that this will not make it difficult for the company to do, nor will it hurt the harmony of both parties, in fact, this method is the stupidest method, there is no one, it is like being slapped by others, and treating others with a smile on his face, pay attention, this is no longer tolerant, amiable, but a manifestation of cowardice.
The second way, take precautions, before the company fires itself, the company is "fired", many people will think that if they are fired from the company, it is a shameless thing, so some people will immediately pay attention to new job opportunities, once they find a new job, immediately submit to the company to resign, thinking that they will not embarrass themselves, will not leave a stain on their resumes, in fact, this approach is also a gain and a loss.
The third is to sit back and wait for N+1 compensation to leave. This is the practice of many old fritters, after receiving the news that the boss wants to persuade himself to quit, he began to treat the work negatively, waiting for the company to fire himself, and then he will take n+1 and leave, they feel that they will compensate for 2 months' salary after 1 year, 4 months' salary for 3 years, and 6 months' salary for 5 years.
These are the three most common practices, but I think the first one is the stupidest method, and there is no one; second, there are gains and losses, what you get is to save face and dignity, but lose that part of the compensation; The third type seems to take advantage, but in fact the damage you suffer is the biggest of the three methods.
So what should you do in this situation? In fact, it is best to dispel misunderstandings through active communication, because, first, it is possible that you have misunderstood the boss's intentions, and maybe the boss does not have this idea at all. Second, maybe the boss is not because you are older, but for other reasons, if you don't strengthen communication, then how do you know that the problem is **?
Since the matter has come to this point, you should first find an opportunity to talk frankly with the boss, express your true opinion, and don't worry too much about your age, older people also have the advantages of being older, if you make use of the advantages, it is also beneficial to the company. Third, whether it is because of your ability or the fault of a certain job, you also need to take the initiative to communicate with the leader to find the reason, which will be helpful for your future growth.
Finally, if there is really no way to choose the second or third method according to your actual situation, you can do so so that you will not regret it in the future.
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Then you will voluntarily leave your job. There are no people here, there is a place to keep people. No matter how old you are, you have what it takes to find a better job! Remember, have faith!
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If the leader wants to persuade you to quit, even if you have worked for two years, you should consider resigning, because if you continue to stay, you are likely to be troubled by the leader, and you will still have to leave at that time.
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I think that in this situation, it is time to leave this company, and the attitude of the leadership is very clear.
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The company proposes to dismiss but has been dragging on not compensating and wants the parties to voluntarily resign, which is actually involving the issue of compensation, so it is not beneficial to both parties to delay in this way, and it is recommended that the parties communicate and coordinate with the company, and if they cannot be coordinated, they can propose labor arbitration. Generally, when the company terminates the contract, it generally needs to compensate the employee, and if the contract is terminated in breach of contract, it will still compensate for liquidated damages, but if the employee voluntarily resigns, the company does not need to compensate. Therefore, after evaluation and accounting, the company believes that maintaining the contract until the contract is completed, which is more cost-effective than terminating the contract early, or about the same, the company can usually consider delaying it all the time, but this is actually a negative practice, so if the employee also intends to leave the company, it can consider making a little concession, which may be beneficial to both parties.
If you want to take the labor arbitration route, you need to keep your evidence of normal completion of work, such as not violating the company's normal work regulations during work, etc., many companies are very good at finding loopholes, once you have no evidence and reasons, you are likely to waste time and energy and finally do not get the compensation you deserve.
Hope it helps!
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1. Do not voluntarily resign, as long as you voluntarily resign, according to the provisions of China's "Labor Contract Law", there is no economic compensation or compensation;
2. If the employer terminates the labor contract illegally, it can claim compensation;
3. Legal basis: Article 39 of the Labor Contract Law [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] The employer may terminate the labor contract if the employee 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 87 [Legal Liability for Breach of Dissolution or Termination of Labor Contract] Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard of 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 monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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