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The differences are as follows: 1. The definitions are different.
Resignation refers to the employee's request to the employer to terminate the labor contract or labor relationship;
Suspension refers to the temporary suspension of the employee from performing his or her duties to be investigated or reviewed.
2. The performance is different.
Resignation is embodied in the employer's violent or threatening behavior against the employee, forcing the employee to work, or even not paying wages as agreed in the contract, and the employee may make such a request to the employer at any time;
Suspension is an internal decision of the company, and since the employment relationship still exists, the employer must pay the employee a certain basic living expenses or the local minimum wage.
3. The requirements are different.
The resignation shall be notified in writing to the unit 30 days in advance according to the employee's own choice;
If you are not satisfied with the decision of suspension, you can apply to the local labor arbitration commission for arbitration.
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Resignation and suspension are two different concepts, resignation is initiated by the employee himself, while suspension is generally a decision made by the company.
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. There are generally three circumstances for resignation: first, the employment relationship is terminated immediately in accordance with the law, such as the employer has violence or threats against the employee to force the employee, does not pay wages as agreed in the contract, etc., the employee may request the employer to terminate the labor contract at any time; Second, according to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract; The third is to apply to the employer, and the two parties agree to terminate the contract through consultation.
"Suspension" refers to the temporary suspension of the performance of their duties and the subject of investigation or review. Strictly speaking, the suspension inspection is not a punishment, it still belongs to the inspection stage, and how to punish it is a matter after the inspection.
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The resignation form deals with employment relations;
The suspension order deals with the organizational disposition of job duties.
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Legal analysis: The resignation letter is issued by the employer in accordance with the law, and the termination of the labor contract relationship is often the result of negotiation between the two parties; The resignation form is a written notice of the employee's voluntary termination of the labor contract in accordance with Article 37 of the Labor Contract Law, and is initiated by the employee.
Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls 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 in which laws and administrative regulations provide that the worker may terminate the labor harassment 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.
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Legal analysis: 1. Different formats: The resignation form needs to write the name of the report in the middle of the first line.
Generally, the resignation report consists of a combination of the subject matter and the name of the language, that is, the title is "Resignation Report". The title should be eye-catching, with a slightly larger font, and the name or title of the unit, organization, or leader who accepted the resignation report should be written in the top box of the next line of the title, and a colon should be added after the call of the Selling and Reform Bureau. The resignation form should put forward the determination of oneself to submit the resignation report and the specific requirements of the individual, and the problems that the leader hopes to solve.
At the end, you should write a word of respect. The resignation form requires the name of the person leaving the company and the specific date on which the resignation request was submitted. 2. The initiators are different:
The resignation letter is issued by the employer in accordance with the law, and the termination of the labor contract relationship is often the result of negotiation between the two parties; The resignation form is a written notice that the employee voluntarily proposes to terminate the labor contract in accordance with Article 37 of the Labor Contract Law, and is initiated by the employee. 3. The retention time is different: the employer shall issue a resignation note when dissolving or terminating the labor contract, and go through the procedures for the transfer of files and social insurance relations for the employee within 15 days, and the resignation form shall be kept for at least half a year for future reference, and the laborer shall handle the work handover in accordance with the agreement between the two parties.
Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the resignation form that has been dissolved or terminated for at least two years for future reference.
Legal basis: Labor Contract Law of the People's Republic of China
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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.
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Legal analysis: The resignation letter is issued by the employer in accordance with the law, and the termination of the labor contract relationship is often the result of negotiation between the two parties; The resignation form is a written notice of the employee's voluntary termination of the labor contract in accordance with Article 37 of the Labor Contract Law, and is initiated by the employee.
Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls 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 compels a worker to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the personal safety of the employee, the employee may immediately terminate the labor contract without prior notice to the employer.
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Summary. The format is different1Different formats The resignation form should have the name of the report written in the middle of the first line.
Generally, the resignation report consists of a combination of the subject matter and the name of the language, that is, the title is "Resignation Report". The title should be prominent, slightly larger in font, and should be under the title. 2.
The initiator is different The resignation letter is issued by the employer in accordance with the law, and the termination of the labor contract relationship is often the result of negotiation between the two parties; The resignation form is the employee's voluntary request to terminate the labor contract in accordance with Article 37 of the Labor Contract Law. 3.The employer shall issue a resignation note when dissolving or terminating the labor contract, and handle it for the employee within 15 days.
The format is different1Different formats The resignation form should have the name of the report in the middle of the first line. Generally, the resignation report consists of a combination of the subject matter and the name of the language, that is, the title is "Resignation Report".
The title should be prominent, slightly larger in font, and should be under the title. 2.The initiator is different The resignation form is issued by the employer Hui Shishan Nabi in accordance with the law, and the termination of the labor contract relationship is often the result of negotiation between the two parties; The resignation form is the employee's voluntary request to terminate the labor contract in accordance with Article 37 of the Labor Contract Law.
3.The employer shall issue a resignation note when dissolving or terminating the labor contract, and handle it for the employee within 15 days.
1. The format is different, the initiator is different, and the storage time is different.
The resignation order is detrimental to the employee1.
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Resignation refers to the resignation of a staff member of a public or private clearing authority due to retirement, resignation, suspension, dismissal, death, etc., and the resignation is the resignation of the position, which is the employee's request to the employer to terminate the labor contract or labor relationship, so resignation is one of the forms of resignation, and there is no difference between the resignation form and the resignation form, both of which are written materials that must be issued by the employer after the termination of the labor relationship with the employee.
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