What to do if the employee who is dissuaded is unwilling to leave the job

How to deal with the reluctance of dissuaded employees to leave their jobs:

1. If the employer has proposed to terminate the labor relationship, it shall notify the employee in writing. If the employee does not leave after being given written notice, the employer may require the employee to leave.

During the probationary period, if the employer terminates the labor contract with the employee on the grounds that the employee does not meet the requirements of the post and is not qualified during the probationary period, it is not required to pay the employee severance or compensation;

2. If the employee believes that the employer's termination of the labor relationship is illegal, he or she may apply for labor arbitration to demand compensation, but he or she cannot rely on the employer to leave the workforce.

Legal basis] Article 21 of the Labor Contract Law provides that during the probationary period, the employer shall not terminate the labor contract unless the employee has the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

If an employer decides to dismiss an employee, it does not need to obtain the employee's consent, but it needs to have a legitimate reason for dismissal, such as proving that the employee does not meet the employment requirements, or proving that the employee has seriously violated the rules and regulations. However, if the employee is dismissed illegally, the employer is required to pay compensation. According to Article 39 of the Labor Contract Law, an employer may terminate an employment contract if an 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 harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

If the employee is legally persuaded to quit by the employer and still does not leave even though the employer has proposed to terminate the employment relationship and received a written notice, the employer may require the employee to leave, and in serious cases, the employee may report to the police. If an employee is illegally dismissed by the employer, the employee can apply for labor arbitration, but cannot request to remain in the job after receiving compensation.

This practice is known as "persuasion".

When the leader persuades you to resign and asks you to sign a letter of resignation.

"What should be done" as an individual depends on the specific situation at the time:

1. If the individual is unwilling to resign and does not want to lose his job – do not sign!

1. Ask the leader for the reason, if you can't accept or disagree with the reason, you can file a complaint, and the company can go through legal procedures if you can't solve it. (Of course, going through the legal process is really a last resort).

2. If the leader insists on wanting to resign, then let the company dismiss him, and at the same time ask the company to pay relevant compensation or compensation.

Second, if the individual also has the intention to resign, or find a "next home" - you can sign but ask to put it forward as much as possible!

1. In this case, although the form is consensus, try to form a state where the company takes the initiative to terminate the labor contract.

2. If the individual is unwilling, he can propose corresponding economic compensation to the company at this time.

If it is not excessive, the company will usually accept it.

When you are in the position of being persuaded to quit and unwilling to leave, whether you succeed or fail in persuasion, you have already lost. Therefore, I am not in favor of dissuading employees, employees who are at fault, dismissal who should be fired, dismissal who should be at fault, layoffs who should be laid off, and compensation that should be compensated.

Now the competition is fierce, the operation is very difficult, the business risk continues to expand, the slightest carelessness, the enterprise will take the road back, through the reduction of costs to save costs. Skilled, self-respecting employees, when this misfortune befalls them, a wave of the hand is a new beginning. And some employees are waiting for layoffs to be compensated and are unwilling to leave voluntarily.

Enterprises need to reduce employees because of their difficulties, and it is already difficult to bear compensation, and unwillingness to compensate has become the basic requirement for enterprise downsizing.

If the persuasion is successful, the interests of the employees will be lost, you will become the sinners of the employees, and the company will play a role for the tiger, recruiting when you need it, and kicking it out when you don't need it. If the persuasion fails, the employee goes to arbitration, and the company has to spend a sum of money, saying that you are incompetent at work, and the year-end bonus is gone.

Step 1: Attrition based on whether the employee is at fault.

According to the information of the member, check whether there are any of the following behaviors:

1. Employees during the probationary period, such employees do not need to be compensated for dismissal on the grounds that they do not meet the employment conditions;

2. If the employee seriously violates labor discipline or the rules and regulations of the employer, the relevant evidence shall be retained, and no compensation shall be paid for the dismissal of such employees;

3. If there is serious dereliction of duty, malpractice for personal gain, and major losses to the interests of the employer, such employees are not only not required to compensate for their dismissal, but can also be investigated for relevant losses;

4. Employees who are investigated for criminal responsibility in accordance with the law do not need to be held accountable for related losses when they are dismissed.

Step 2: Reduce losses based on the employee's onboarding time.

1. Priority will be given to layoffs with the same salary and a relatively short entry time, after all, the amount of compensation that needs to be paid is relatively small;

2. Priority will be given to layoffs with the same salary, poor skills and business ability, and the company will retain excellent troops to fully prepare for future operations;

3. Employees with no financial burden on their families are given priority to layoffs, they are less stressed and easier to survive.

Through layers of inspections, the number of people who need to be laid off in the end is not large, as an enterprise must have a certain responsibility, compensation is also the social responsibility that enterprises should do. Only by becoming a responsible enterprise will employees rest assured to work hard and win a better future for the enterprise.

Executed in accordance with the employment contract. When the contract expires, it will not be renewed.

In addition, if he seriously violates labor discipline and commits major negligence, the company can dismiss him.

Summary. Hello dear for your question, oh <>

If the employee is unwilling to leave the job, the employer shall notify the employee in writing if the employer has proposed to terminate the employment relationship. If you still do not leave after being notified in writing, the employer may report to the police;

What to do if the employee who is dissuaded is unwilling to leave the job

Hello dear, it's a pleasure to sell you this question for you, oh <>

If the employee is unwilling to leave the job and sell the employee, the employer shall notify the employee in writing if the employer has proposed to terminate the labor relationship. If you still do not leave after being notified in writing, the employer may report to the police;

2. If the employee believes that it is illegal to terminate the labor relationship by using the position of the person who is not in the position of a closed person, he may apply for labor arbitration to demand the payment of compensation, but it is illegal to rely on the employer and not leave.

How to deal with the reluctance of the employee who is dissuaded to leave the job: 1. The employer has proposed to terminate the labor relationship, and the employee should be notified in writing. If the employee does not leave after being given written notice, the employer may require the employee to leave.

During the probationary period, if the employer terminates the labor contract with the employee on the grounds that the employee does not meet the job requirements and is not qualified during the probationary period, it is not required to pay the employee severance or compensation; 2. If the worker believes that the employer's termination of the labor relationship is illegal, he may apply for labor arbitration and require Liang Liang to pay Liang Zhao's gross compensation, but he cannot rely on the employer to not leave.

Legal basis] Article 21 of the Labor Contract Law provides that during the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 3, Article 19 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.