The employer terminated my labor contract and said that it also asked me to write a letter of resign

Article 46 of the Labor Contract Law states that "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. ”

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 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.

According to the provisions of the Labor Contract Law, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. If the employee applies for termination of the contract, he or she does not need to pay compensation.

This practice of your employer violates the provisions of the Labor Contract Law.

Summary. Hello, so if you resign due to company reasons and submit a "resignation application" according to the company's requirements, whether it will cause the consequences of not being able to get compensation depends mainly on when and how to write the resignation application.

After signing the compensation agreement for the termination of the labor contract, can the company still get compensation for writing a resignation application?

Hello, I signed a compensation agreement for the termination of the labor contract, and the company also called me to write a resignation application and get compensation for disturbance. In this case, you need to pay attention to the fact that before the two parties reach an agreement, do not submit the resignation application lightly, and it is best to sign the compensation agreement after the two parties have reached an agreement, or keep the evidence of the consensus, and then fill in the resignation application in accordance with the company's resignation procedures. <>

Hello, so you are lucky to resign because of the company's reasons, good pants submitted a "resignation application letter empty Jane" according to the company's requirements, whether it will cause the consequences of not being able to get compensation, mainly depends on when the resignation application is written, and how to write.

You also need to pay attention to some pitfalls, for example, in the resignation application form template provided by the company, there are words (clauses) that voluntary resignation means giving up compensation, or the company requires the employee to fill in the reason for resignation "violating the rules and regulations" and "refusing to hand over work". <>

Legal Analysis: Resignation is not necessarily the termination of the employment contract. Resignation is resignation from office, and it is an act when the employee takes the initiative to terminate the rights and obligations of the two parties to the employer.

Resignation is only a unilateral act, that is, the employee takes the initiative to terminate the contract and labor relationship. Resignation does not necessarily lead to the termination of the contract by the Labor Bureau.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

After all, Article 37 of the Labor Contract Law stipulates that "an 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.

Therefore, the resignation letter occurs when the employee terminates the contract, and does not occur when the employer unilaterally terminates the contract.

If an employee resigns by himself, can he request the company to issue a certificate of termination of the labor contract?

If the employee resigns by himself, he or she cannot ask the company to issue a certificate of termination of the labor contract, but the employer should issue a certificate of resignation.

In addition to the difference between the employment contract certificate and the resignation certificate:

The certificate of termination of the labor contract is issued by the employer to the employee in accordance with the law to indicate the termination of the rights and obligations of both parties.

The resignation certificate is a written notice issued by the employee to the employer on his or her own initiative to terminate the labor contract.

Purpose of Separation Certificate:

1. Proof that the employer and the employee have terminated the labor relationship;

2. Prove that you should resign in accordance with the normal procedures;

3. Proof that he is a free person and can apply for unemployment benefits or apply for a new position in the Chaos Bureau;

4. You can use this to transfer your personnel relations, social security, provident fund, etc.

The individual resigns and terminates the labor contract.

If the employee resigns and terminates the labor contract, if the employee wants to terminate the labor contract with the company voluntarily, the company does not need to compensate the employee. If an individual employee unilaterally proposes to terminate the contract with the company, it is because the company exerts various pressures on the employee, and if so, the employee must be compensated and part of the legal responsibility must be borne. According to the relevant laws of the People's Republic of China, an 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.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Termination of Labor Contract by Advance Notice] An employee 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.

Summary. It depends. If the company dismisses an employee without a legitimate reason, it is illegal to terminate the labor contract.

It depends. If the company dismisses an employee without a legitimate reason, it is illegal to terminate the labor contract.

Termination severance = years of service monthly salary (more than 12 years, calculated as 12 years), that is, the other party dismisses you need to pay compensation.

Absenteeism did not go to work, the unit called ** to let the portable type to sign the termination of the labor contract, at that time he printed out the name for me to sign, I don't understand, I want to receive unemployment defense and guess the insurance money, the Human Resources and Social Security Bureau said that I can't get it, one is to say that the resignation is hidden, and the other is to say that the termination of the labor contract is not written without my will.

It is true that unemployment insurance is only available if you are dismissed.

Moreover, absenteeism can be dealt with by dismissal.

The unit did not do the dismissal, is it reasonable to do the resignation?

If you are persuaded to quit, it is reasonable for you to agree.

What is the difference between dismissal and resignation.

The labor contract expired in 2019 and has not been signed.

There is no compensation for resignation, but there is compensation for dismissal without cause.

It is not suitable in terms of process.

So what should I do.

Have you signed it all now?

If you sign it, you can't do it.

I don't have the money to report it to the labor bureau.

The unit said no, and the insurance paid by the unit asked me to give it to him.

This cannot happen5

I guess it scared you at the time.