The difference between resignation and voluntary resignation, voluntary resignation and 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.

Resignation means that you greet the company, and the company approves it to call resignation, and automatic resignation means that you leave without even saying hello.

Resignation is when you take the initiative to submit a resignation letter to the leader and then the leader approves it, which is called resignation.

Voluntary resignation generally refers to a provision in the rules and regulations of an enterprise or institution, for example: if an employee is absent from work for 3 days without reason, he will automatically leave the job. In other words, as long as you don't come to work for three days and don't ask for leave, you will automatically leave your job, that is, you will be fired! Got it.

There is no difference, leaving is just leaving the job.

Legal Analysis: Difference Between Voluntary Separation and Resignation: Different in Nature:

Resignation is the act of the employee proposing to terminate the labor contract or labor relationship with the employer, while voluntary resignation is the act of the employee resigning without authorization and forcibly terminating the labor relationship with the enterprise according to the situation of the enterprise and himself. Different treatment: After resignation, the employer shall pay the labor remuneration and other rights and interests payable to the employer. Not only do you not get the due labor remuneration for self-resignation, but you may also be sued by the employer for breach of contract. The main body is different:

The subject of the termination of the labor contract may be the employer or the employee. The main body of resignation and voluntary resignation is only laborers.

Legal basis: Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation.

Article 37 of the Labor Contract Law of the People's Republic of China The employee may terminate the 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.

The differences between resignation and resignation are:

Resignation refers to the employee's act of terminating the labor contract or terminating the labor relationship with the employer. There are generally three types of resignations:

If the employer forces the employee to work by threatening, violent or other means, or does not pay wages as agreed in the labor contract, the employee may request the employer to terminate the employment relationship at any time.

According to the employee's own personal opinion, notify the employer in writing 30 days in advance to terminate the relationship;

An application is submitted to the employer, and the two parties agree to terminate the labor contract through consultation.

Resignation refers to the labor law system in which an employee leaves his or her former employer and his or her position. Separation can be divided into two situations:

The employee voluntarily resigns, that is, the employee unilaterally submits a resignation application to the employer;

If the employer terminates the employment relationship due to the employee's incompetence for the post, unqualified probation, or serious violation of the company's system, the employer shall terminate the employment relationship.

Legal analysis: Voluntary resignation is an act of forcibly terminating the labor relationship with the enterprise according to the employee's own situation. Under any of the following circumstances, the employee's voluntary resignation is legal:

Failure to pay social insurance premiums for workers in accordance with the law; Rules and regulations violate the provisions of laws and regulations and harm the rights and interests of workers; Failure to pay labor remuneration in full and in a timely manner.

Legal Basis: Law of the People's Republic of China on Labor Movement and Disorder Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failing 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.