Is resignation the same as resignation? What are the differences between resignation and resignation
4hw.com.cn: today's society is a society of talent flow. Resignation and resignation are normal. A job doesn't help your career. Resignation is also a right choice. But have you noticed the difference between resignation and resignation? Just a word is a thousand miles away. Let's see the difference between resignation and resignation.
What's the difference between resignation and resignation?
[difference between resignation, dismissal and automatic resignation]
I. voluntary resignation
Resignation is the behavior that employees voluntarily terminate the labor contract. It can be divided into two types: no fault 'notice resignation' and fault 'immediate resignation'.
According to Article 37 of the labor contract law: 'the labor contract may be terminated if the employee notifies the employer in writing 30 days in advance; the labor contract may be terminated if the employee notifies the employer three days in advance during the probation period. 'notice of resignation' shall be given to the company in writing in advance, and the company has no right to claim economic compensation.
According to Article 38 of the labor contract law: 'if the employer has any of the following circumstances, the employee may terminate the labor contract: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) failing to pay labor remuneration in full and on time; (3) failing to pay social insurance premiums for the employee in accordance with the law; (4) the rules and regulations of the employer are in violation of the provisions of laws and regulations The rights and interests of the workers; (5) the invalidity of the labor contract due to the circumstances specified in the first paragraph of Article 26 of this law; (6) other circumstances under which the workers can terminate the labor contract according to the laws and administrative regulations. If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or the employing unit commands or forces the risky operation against rules to endanger the laborer's personal safety, the laborer may terminate the labor contract immediately without prior notice to the employing unit. In the case of "immediate resignation", due to the obvious fault of the employer, economic compensation shall be paid to the employee.
II. Passive dismissal
Dismissal is the behavior of the employer to terminate the labor contract, which is divided into 'negligent dismissal' and 'no negligent dismissal' and 'economic layoff'.
According to Article 39 of the labor contract law, the employer may terminate the labor contract if the employee has any of the following circumstances: (1) the employee is proved to be unqualified for employment during the probation period; (2) the employee seriously violates the rules and regulations of the employer; (3) the employee is seriously derelict of duty, engages in malpractice for private business, and causes significant damage to the employer; (4) the employee establishes labor relations with other employers at the same time (5) the labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this law; (6) the employee is investigated for criminal responsibility according to law. 'due to the fault of the worker, the employer does not have to pay economic compensation in this case. "Negligent dismissal" is a serious denial of the character or ability of workers, which may have an adverse impact on their future career. The company needs to show sufficient evidence to prove the fault of employees.
According to Article 40 of the labor contract law, in case of any of the following circumstances, the employer may terminate the labor contract after notifying the laborer in writing 30 days in advance or paying the laborer an extra month's salary:
(1) the worker is ill or injured at work, and is unable to engage in the original work or other work arranged by the employer after the prescribed medical treatment period expires;
(2) the worker is not competent for the work, and is still not competent for the work after training or adjustment of the post;
(3) the objective circumstances on which the labor contract is concluded have changed significantly, which makes the labor contract unable to be performed, and the employer and the employee fail to reach an agreement on the change of the content of the labor contract through consultation.
"No fault dismissal" is opposite to the "notice dismissal" of the above-mentioned workers. The company needs to notify in advance.
'economic layoff' refers to the layoff in case of business difficulties, which needs to be reported to the labor administrative department.
3. Automatic resignation
The act of leaving without saying goodbye is not in line with the law. The employer may remove the employees who have left automatically as absenteeism. According to the relevant laws and regulations of the state, the employees of "automatic resignation" not only cannot enjoy any treatment, but also need to bear the responsibility if they cause economic losses to the employer. The employer that hires the employees of "automatic resignation" without authorization shall bear joint and several liability for economic losses to the original employer.
IV. legal provisions on economic compensation in labor contract law
1. Article 46 of the labor contract law stipulates that in any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the Employee terminates the labor contract in accordance with Article 38 of this law; (2) the employer proposes to terminate the labor contract to the employee in accordance with Article 36 of this Law and terminates the labor contract through consultation with the employee（ 3. The employer dissolves the labor contract in accordance with the provisions of Article 40 of this law; (4) the employer dissolves the labor contract in accordance with the provisions of the first paragraph of Article 41 of this law; (5) the employer terminates the fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract, and the worker does not agree to renew the labor contract; (6) terminating the labor contract in accordance with the provisions of items 4 and 5 of Article 44 of this law; and (7) other circumstances prescribed by laws and administrative regulations.
2. Article 85 of the labor contract law stipulates that in case of any of the following circumstances, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit; if the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; if the employer fails to pay within the time limit, the employer shall be ordered to pay 50% to 1% of the payable amount An additional compensation shall be paid to the laborer according to the standard of less than 100 yuan: (1) failing to pay the laborer in full and on time in accordance with the provisions of the labor contract or the state regulations; (2) paying the laborer less than the local minimum wage standard; (3) arranging overtime without paying the overtime fee; (4) terminating or terminating the labor contract without paying the laborer economic compensation in accordance with this law.
3. Article 48 of the labor contract law stipulates: if the employer cancels or terminates the labor contract in violation of the provisions of this law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform; if the employee does not require to continue to perform the labor contract or the labor contract has been unable to continue to perform, the employer shall pay compensation in accordance with Article 87 of this law.
4. Article 87 of the labor contract law stipulates that if the employer cancels or terminates the labor contract in violation of the provisions of this law, it shall pay compensation to the worker in accordance with twice the economic compensation standard specified in Article 47 of this law.
1. If the company does not accept the employee's' notice of resignation 'and replaces it with' negligent dismissal ', it needs to provide sufficient evidence to prove that the employee has serious negligence. Otherwise, the employee may file a labor arbitration to claim double compensation. From the perspective of the winning rate, labor arbitration institutions are generally biased towards workers. Sometimes, as long as labor arbitration is proposed, employers will compromise. If the employer puts forward "no fault dismissal", it is not necessarily a bad thing for the employees, because there is also a need to pay economic compensation. How to deal with it depends on the attitude of the company. If it's malicious, arbitration is a good means of pressure. If it's just bad communication, talk to the person in charge in private. After all, this approach is not good for the company.
2. Unemployment insurance is not available for both automatic resignation and resignation.
What is the difference between resignation and automatic resignation?
A: the so-called "resignation" is just a conventional speech, not a legal concept in a strict sense. As for 'resignation', if it is to be expressed in strict legal language, it should be expressed as' the laborer voluntarily cancels the labor contract relationship ', with two key points: first, the laborer actively expresses the clear intention to terminate the labor relationship; second, the labor relationship between both parties can be eliminated.
If the term "voluntary turnover" is expressed in strict legal language, it should be expressed as "the employee leaves without saying goodbye". Speaking of this, smart readers have seen that: compared with "resignation", the connotation of "automatic resignation" has two characteristics: first, the workers do not explicitly say that they want to terminate the labor contract relationship, so they leave without saying goodbye; second, whether the two sides' labor relations are terminated is in a state to be determined. Therefore, in judicial practice, the "automatic resignation" is often not recognized as the end of labor relations by the labor dispute arbitration committee or the people's court.