What is the difference between dismissal and resignation HR in terms of procedures?

1. The normal resignation procedures are the same process, except that there is a resignation form or resignation letter for resignation, and there is no dismissal. In addition, if the type of resignation is indicated on the certificate of termination of the employment relationship issued by the employer to the employee, it is also different.

2. There is no financial compensation for resignation. It doesn't matter after the salary is settled. However, if the employee is dismissed, the employer may need to pay the employee severance compensation or double severance compensation according to the reason.

3. In accordance with the Labor Contract Law

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 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work 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 labor contract that has been dissolved or terminated for at least two years for future reference.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Resignation is the employee's own initiative to leave the company, at this time after negotiating with the company in accordance with the general handover procedures.

Dismissed. It refers to the behavior of the company to give up or dismiss the job seeker, and HR needs to pay attention to more matters when going through the procedures, and it involves compensation and other issues.

In general, there will be no stains in the archives.

Legal analysis: resignation and dismissal are two different concepts, with the following differences: 1. The subject of the act is different, the resignation is the individual employee, and the subject of dismissal is the unit.

2. The policies are different, the policy support for resignation is more than that for dismissal, the reasons for resignation are extensive, and the reasons for dismissal are limited. 3. The reasons for resignation and dismissal are different in nature. Dismissal is generally a violation of discipline by an employee, and the reason for resignation is more legitimate.

4. The procedures are different, and the resignation must be applied for in writing by the employee, and the dismissal is not used.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China If the employer terminates the labor relationship in accordance with the provisions of Articles 36, 40 and 41 above, it shall pay economic compensation to the employee.

Resignation refers to the act of terminating labor relations or other professional relations (including civil servant relations or public institution relations) in accordance with the law. 2. "Resignation" refers to the act of terminating labor relations or other professional relations (including civil servant relations or public institution relations) without authorization in accordance with the provisions of the Labor Model Law. 3. Dismissal refers to a kind of punishment by a state employee (civil servant) for violating the laws and regulations on civil servants.

The difference between the three; It lies in the legality and welfare of the system.

There is not much difference in the handling procedures, but the motives of the two are different, and the two parties pay differently. It will be very clear what is written in the employment contract. The difference between active and passive, compensation accounting, etc.

Employee resignation: Employees take the initiative - need to pay the corresponding price, enterprises can follow the employee resignation process:

Resignation application - resignation negotiation - resignation approval - resignation handover - salary accounting - formal resignation.

Company dismissal: The company needs to give the employee a reasonable and legal explanation and reason, and give corresponding compensation.

Dismissal negotiation - dismissal notice - resignation handover - salary accounting - formal resignation.

An employee pays liquidated damages and a form of working hours to pay liquidated damages.