What should I do if I voluntarily leave my job but the company writes that I was dismissed on the re

I originally resigned on my own initiative, but the resignation certificate given by the company.

However, it says "dismissed", which may have an adverse impact on ...... oneselfWhen you apply for a job in the future, the employer may not want to hire ......you because you were fired from your previous job, thinking that you made a mistake or lack of abilityIn addition, he had resigned voluntarily, but he was written "dismissed" on the resignation certificate, which is inconsistent with the facts.

Therefore, in this case, you can ask the company to correct the statement on the resignation certificate. Specifically, you can achieve your goals in two ways: 1. Explain the situation to the relevant departments of the company and ask the relevant departments of the company to correct the content on your resignation certificate to "voluntary resignation".

2. Apply for labor arbitration.

Ask the company to correct the erroneous statement on the resignation certificate. However, from another point of view, the problem is not ...... that must be corrected

If you don't take into account factors such as misunderstanding deviations that have a negative impact on yourself, you can get extra income because you can get extra income because you resigned voluntarily but the company thinks you were dismissed! This is because: voluntary resignation without any compensation.

If you are dismissed, you can get a compensation from the company in accordance with the regulations. Therefore, if you voluntarily resign and are considered "dismissed" by the company, you can ask the company to pay compensation ......It's also good that I get an extra income because of this, and the company is also kind enough to get unemployment insurance.

I was kicked out of the group as soon as I resigned, and I felt a little ruthless in my heart, after all, it was the company I used to work for, and I felt very uncomfortable being treated like this as soon as I left the company.

The company that worked before was a lot of ** businessmen in the country who made electronic products, and people who usually went to work in the office joined the group, and notified everyone in it if they had something to do, and they resigned if they didn't want to do it for almost two years, and finally handed over for a few days, and the time passed very slowly, and the heart had already let go, just waiting to get the salary and leave, and I thought that the group before the next afternoon kicked me out, and I left, and it feels like people are going to tea and cool, in fact, even if they send something to me, it is useless, but they seem to be afraid that I know too much.

Now I often see people on the Internet say about this, to have been relieved, every company is the same, treat everyone who leaves the same, but I accept this treatment before others, the day they leave is the same, if you consider a person who leaves from the company's point of view, it feels like someone is peeping, and the company also has trade secrets. I still want to open it myself, but I don't want to interpret it too much.

2. Then join when you need it, and leave the group when you don't need it, this is the principle. It's just that in practice, there are two situations, active and passive, and the difference lies in everyone's understanding of the work group differently, and some people even associate it with feelings. If the individual does not take the initiative to retreat, passively retreats, the group owner is embarrassed, and the individual is embarrassed, and if the individual takes the initiative to retreat, this embarrassment can be completely avoided.

1. This is the key to embarrassment.

2. Many companies' work groups have clear management norms, which need to be in and out when they are not needed, and have clear responsibilities to formulate the group owner, and the group owner is responsible for any problems.

3. Therefore, when a person leaves the company, there will be a hesitation, for the work WeChat group, return or not? Is it appropriate to give up or have concerns? If you don't retreat, you're also worried about whether it's appropriate?

4. During this period of hesitation, in fact, the group owner was also very embarrassed: why didn't he quit the group? Do you want to kick him out now? Will he be angry? Wouldn't that be bad? Wait, I still hope he takes the initiative to retreat.

6. Therefore, when you leave your job, you will take the initiative to leave the group, which is the best way to avoid embarrassment.

1. When a person leaves, some companies want him to quietly withdraw from the group. Although everyone knows that you have also resigned, but it is not normal for you to say goodbye in the group, everyone will have a lot of feelings, especially those who have been doing it for a long time and have a good impression of everyone. This kind of farewell, the sense of ritual is particularly strong, will make many people think about something, the company is worried that the departure of one person, will affect the stability of other people and even the team, so hope to leave quietly.

2. There are also some companies that think that when a person is leaving, everyone should hold a ceremony and have a meal to express the personal risk to the company over the years, and also demonstrate humanistic care.

First, corrections can be requested;

If the other party fails to make corrections, it may request the other party to pay compensation in accordance with the provisions of Articles 40 and 46 of the Labor Contract Law.

Article 40 is as follows:

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.

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

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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of the 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.

Voluntarily leaving and being dismissed can be said to be two different concepts, with different meanings. Voluntary resignation refers to the resignation of an employee who does not want to continue to work in the company, and the company fills in the word dismissal without the consent of the employee, which is a means of infringing on the employee. If you do not submit a "resignation letter", but only verbally propose to resign, but the company fills in the resignation certificate and is dismissed, it will have a certain impact on your future employment, you can go to the labor arbitration department to file a claim for compensation for illegal termination of the labor contract, and ask the company to fill in the word dismissal on the resignation certificate to remove, because it is illegal for the company to fill in the dismissal without permission. According to Article 89 of the Labor Contract Law, if the employer fails to issue or terminate the labor contract to the employee in writing in violation of the provisions of this Law, and the labor administrative department orders it to make corrections, and causes damage to the employee, it shall be liable for compensation.

If you have already submitted a letter of resignation and the company has written that you have been dismissed, you can file a complaint with the labor inspection department or the labor arbitration department to apply for correction and ask the company to bear the corresponding losses. To sum up, the resignation letter is very important for a worker, he can decide a worker's future employment path, so the initiative to leave and be dismissed is very important.

Give a case practice reference:

When I was laid off, the company's HR told me that I had two choices, first, take N+1, and write a resignation certificate to me to be dismissed; Second, don't ask for money, write a resignation certificate and negotiate resignation.

I told him, first, I was laid off, if you don't give money, it's impossible, if you don't give money, then I will clock in and out on time every day, you dare to owe me wages and try who is unlucky; Second, you can't write my resignation certificate to me, I have checked the national regulations that the resignation certificate does not need to indicate the reason for resignation, if you have to draw a snake, we won't talk about it today, I will continue to punch in, another day I will find a lawyer to have a good talk, and then I can't talk about our court, I also want to report you for arrears of wages by the way (the boss never pays wages on time, each delay is less than two or three days or more than half a month, there is a salary card flow as evidence), let's not say whether I can win, anyway, I have time to spend with you, If you don't agree, I'll clock in and out every day, and then talk to you about this, talk about getting off work one day, and see who can afford it?

Then he obediently gave me money and issued a standard certificate to let me go == So these people are typical bullies who are afraid of the hard, in fact, they themselves may not know who is responsible, and who will suffer in the end.

Resignation on your own is to be written. If you write a resignation report, you cannot prove that you were dismissed by the company, and you cannot ask the company to pay severance compensation. According to the Labor Contract Law, the severance compensation shall be paid to the employee according to the number of years of service in the employer, and one month's salary for each full year.

If it is more than six months but less than one year, and less than six months on the basis of one year, the employee shall be paid half a month's salary for dismissal compensation. 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. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

According to the "Dismissal Regulations", when an employee is dismissed, he or she can obtain a "dismissal certificate" from the enterprise, and register with the unemployment insurance department for unemployment insurance, and receive unemployment benefits and medical subsidies in accordance with the relevant provisions of unemployment insurance; If you are not satisfied with the dismissal, you may appeal to the labor dispute arbitration commission with jurisdiction within the prescribed time limit in accordance with the Regulations on the Settlement of Labor Disputes and other relevant provisions. Dismissal can be applied to both fixed employees and contract employees before the transformation. However, contract employees are often dismissed by terminating the labor contract.

1.Resignation and dismissal are different actors. The subject of resignation can only be an individual employee, and the subject of dismissal can only be a unit.

Therefore, no matter what the reason is, the termination of the administrative subordination between the employee and the unit, as long as it is not the employee's initiative, it cannot constitute resignation; If the unit does not take the initiative, it cannot constitute dismissal.

2.Resignation and dismissal are different from policy support and policy constraints. The relevant policies and regulations of the state give (or recognize) the power of resignation and dismissal to employees and units, and the role of these provisions on resignation and dismissal is summarized into two categories: policy support and policy constraints.

The so-called policy support refers to the relevant policies and regulations to support the establishment of resignation and dismissal; Policy constraints refer to the relevant policies and regulations that make resignation and dismissal untenable or impose conditions on them.

3.The reasons for resignation and dismissal are different in nature. Although resignation and dismissal are both neutral acts and do not have the meaning of punishment, there is a clear difference in the nature of the reasons on which resignation and dismissal can be established.

Judging from the current policies and regulations, the vast majority of the statutory reasons for dismissal are violations of discipline of varying degrees by the employees themselves. This is not the case with resignations.

4.The procedures for resignation and dismissal are different. The resignation must first be submitted by the employee himself in writing, and the dismissal unit does not need to apply to anyone.

According to the relevant procedures in the current documents, if the employer and the relevant institutions deliberately delay, the time for a dispute arising from the resignation of an employee can be as long as six months after the employee initially submits his or her resignation. The longest time for a dispute to arise due to dismissal is within 15 days after the employer issues a dismissal certificate to the dismissed employee. In practice, a very small number of units or staff members take advantage of this procedural difference to achieve improper goals and obstruct the reasonable resignation of employees.

5.The financial benefits involved in dismissal and resignation are different. As a living guarantee for the dismissed employee for a certain period of time and compensation for his work in the unit, the employer shall pay the dismissed employee a statutory amount of dismissal pay in accordance with the provisions of the relevant policies.

Employees who resign do not need to pay any expenses to the employer (except for training fees). In terms of training fees, the resigned personnel are required to reimburse the unit for the training fees they have used according to the regulations, and there is no provision for dismissal.

The resignation certificate issued by the employer must not list the negative reasons that are unfavorable to the employee's reemployment, otherwise it will violate the principle of equality in job seeking under the Employment Promotion Law.

The certificate of dissolution or termination of the labor contract issued by the employer shall clearly state the term of the labor contract, the date of dissolution or termination of the labor contract, the position of the employer, and the number of years of service in the employer.

The resignation certificate issued by the employer does not include the reason for terminating the employment relationship or a description of the employee's ability and conduct.

The original employer does not have the right to evaluate the employee's working ability, conduct, work attitude, etc. in the resignation certificate, and if such content exists in the resignation certificate, the court will support the employee's request for a new resignation certificate.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract.

If the employer fails to issue a written certificate of dissolution or termination of the labor contract to the employee in violation of the law, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Legal basis] Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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.