Write 3 more words in the resignation report, lost the company nearly 30,000……

2022-05-06 0 By

Because the resignation report wrote 3 more words to compensate the company 29,000 resignation documents in these “pits” must pay attention to!Recently after working in a software development company in dalian in liaoning province small peng feel glum was resign because of his convenience to online leaky resignation report template results but paid the “owner” an economic compensation before departure report write three more words to compensate the company 29000 yuan in March 2021, small peng 5 years did not get a raise for enterprise decision to leave.He submitted a hard copy of his resignation report to human resources 30 days in advance, which he had rewritten from a template downloaded from the Internet and had the words “Please approve” at the end.On April 23, Xiao Peng packed up office supplies and left the company.To his surprise, on May 20, he received a summons from the court: The company sued him for absenteeism and demanded 29,000 yuan in economic damages.After the trial, the People’s Court of Dalian Jinzhou District held that the word “please give instructions” on the resignation report submitted by Xiaopeng belongs to the termination of labor relationship through negotiation, which does not comply with the provisions of Article 37 of the Labor Contract Law that “the laborer may terminate the labor contract by notifying the employer in written form 30 days in advance”.It applies to the case that “the employer and the laborer may terminate the labor contract upon consensus through consultation” as stipulated in Article 36 of the Labor Contract Law.Therefore, in the absence of mutual agreement, Peng Chenyu’s behavior belongs to absenism and the employer should be compensated for its economic losses.In July 2020, dalian Jinzhou District People’s Court also heard a similar case.Xiao Wang, an employee of a high-tech enterprise, submitted a Notice of termination of labor contract to the enterprise because the enterprise had not paid social security and owed 6,400 yuan of salary for two months.Originally, according to Article 38 and Article 46 of the Labor Contract Law, if an employer fails to pay labor remuneration in time and in full, or fails to pay social insurance premiums for the employee, the employee can terminate the labor contract, and the employer should pay certain economic compensation to the employee.However, as wang submitted the “notice of termination of labor contract” was downloaded from the Internet template, which did not specify the specific reasons for leaving.In the end, wang qingke only received 6,400 yuan in unpaid wages after court mediation.Enterprises in the name of “unified template” to bury “pit” “routine” workers “look ‘similar’ template content, in the rights of workers will bring ‘much worse’ results.”Meng Yuping, a lawyer at Duan Heduan (Shenyang) Law firm in Shanghai, said that it was not uncommon for employers to cheat workers in the name of a “unified template” in the cases of labor disputes she took over, in addition to employees’ own use of the resignation template.Shenyang an automobile spare parts enterprise material member xiao Zhao is such “recruit”.At the time of leaving, the enterprise asked her to sign on the application form for leaving in order to pay economic compensation quickly, and said that this is the company’s unified template, are standard terms.In the labor arbitration, the sentence “there is no other dispute between the two parties” in the Application for separation became the key evidence, resulting in the arbitration tribunal did not support her application for overtime pay.The tribunal said that Xiao Zhao is a person with full capacity for civil conduct and there is no evidence that she was coerced by the company, so she signed the agreement that she could not apply for compensation without other disputes.Because of the company’s “routine”, the worker xiao Li also failed to get economic compensation.At the arbitration tribunal, when the employer took out the Resignation Application Form signed by her, she found that among the reasons for resignation, she checked “personal reasons”.Therefore, the tribunal determined that Xiao Li resigned voluntarily.”In parentheses after the ‘company reason’ option, it says, ‘Company has defaulted on salary or social security.'”Ms. Li told reporters that she felt she was unhappy about a job transfer, rather than unpaid wages or unpaid social security, so she didn’t check the “company reason.”In the relevant case trial, Shenyang a basic people’s Court judge Zheng Hong also confirmed to reporters, there is such a company resignation documents unified use template, inconsistent with the facts, the judge can only judge according to the evidence, “white and white documents are the most persuasive, employees should be responsible for their signed documents.”Resignation documents without a unified template laborer should learn to “plugging the leak to avoid the hole” resignation report, resignation application, resignation notice, resignation agreement… Reporter search found that the template about resignation documents on the Internet, the name is multifarious, content elements are not the same.Liang Zhaoqiang, a lawyer from Beijing Yingke (Dalian) Law firm, said that workers are generally divided into three situations: one is to take the initiative to leave, the need to notify employers 30 days in advance;Another is to leave by consensus;Another is forced resignation.”Different companies have different requirements for resignation documents, and there is no uniform template. The online resignation document template lacks authority and pertinence.”He explained that usually workers take the initiative to leave, should submit “resignation (resignation) notice”, the reason tick “personal reasons”, the enterprise does not need to pay economic compensation;In case of resignation by consensus, the “Resignation (resignation) Agreement” shall be submitted, in which the time of resignation, the form and amount of compensation shall be indicated;When forced to resign, a Notice of Forced Termination of Labor Contract should be submitted, stating the reason for forced resignation and the amount of compensation required, such as failure to pay social security in time and pay labor remuneration in full, as evidence of subsequent rights protection.Zheng Hong believes that enterprises should assume the responsibility of risk prompt and take the initiative to inform workers of the requirements of resignation documents to avoid disputes after the event.In addition, labor supervision departments should strengthen supervision and punish problematic companies that deliberately “routine” employees.Meng Yuping suggested that the resignation of workers seriously, learn to “plug the leak to avoid pit”, especially to write clear reasons for leaving and compensation amount and other content, careful use of “application” “instruction” “request” and other words, for uncertain terms, to dare to ask questions.If you are forced to follow a template or accept standard terms, explain the situation in a note and photocopy the evidence.Unable to identify whether there is a “hole” in the resignation document, do not sign immediately, can seek help from the labor union, human resources and social security department of the legal experts or lawyers.Meng Yuping also reminded workers to pay attention to the “separation certificate” handling.According to Article 50 of the Labor Contract Law, the employing unit shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract.”The proof of separation is necessary for social security transfer and workers to join the new company.”Meng yuping explained.Source: Youth Shanghai comprehensive workers’ Daily, Qilu Evening News responsible editor: wood copyright belongs to the original author, if there is infringement, please contact in time