Do I need 30 days' notice to dismiss me?

I was fired and stupidly filled out my resignation application

Many workers don't know much about some basic legal knowledge, so we can't protect our rights and interests well. Once fired, we still stupidly fill out the resignation application.

If you are fired, you still foolishly fill in the resignation application 1. If you are dismissed, you don't need to fill in the resignation application. On the contrary, you can get a compensation from the company.

In addition, we need to distinguish between resignation application and resignation notice.

Resignation application is a way to apply for resignation information from the employer according to Article 36 of the Labor Contract Law, expecting an answer from the employer. The company may or may not approve this resignation application. If not approved, both parties will continue to perform the labor contract.

Strictly speaking, you should write a notice of resignation, not an application for resignation. The notice should be in written form, which is a way to tell the employer that you have decided to resign according to Article 37 of the Labor Contract Law. 30 days after the resignation notice is delivered to the employer according to law, it has the legal effect of both parties to terminate the labor contract. Regardless of whether the employer agrees or not, the laborer has the right to request the employer to go through the formalities of dissolving the labor contract after 30 days.

Resignation application is actually the right of claim of workers, which refers to the right of obligee to ask others to do or not to do something. Whether others can give it is another matter.

The notice of resignation refers to the laborer's exercise of the right of formation, and refers to the right of the obligee to change the effectiveness of a legal relationship by his own unilateral behavior, and the effectiveness of the right of formation is a unilateral decision. The laborer shall notify the employer in writing 30 days in advance according to law, and the legal effect of dissolving the labor contract will inevitably occur after the expiration of 30 days.

If a worker wants to resign, he can notify the employer in writing 30 days in advance, and there are no other conditions.

I was fired and stupidly filled out a resignation application. What should I do?

If the employee fails to handle the work handover or has other unresolved disputes with the employer when resigning, the employer may claim his rights through legal channels such as labor arbitration or litigation, but it cannot be used as a reason for not handling the resignation procedures for the employee.

Pay attention to the following points when you are dismissed.

First, whether to sign a labor contract.

If you don't sign a labor contract, you must ask him for financial compensation when you leave. The maximum compensation can be 1 1 month. For example, if your salary is 5000 yuan a month, then you haven't signed a labor contract after working for one year. If you are dismissed, you can ask him for 55,000 yuan in economic compensation.

So don't be afraid not to sign a labor contract, as long as you accept his management, attend work every day and leave evidence, then you can play secretly.

Second, if a labor contract is signed, economic compensation should also be paid.

First, you can get financial compensation for any reason, but in this article, you need conditions to get financial compensation, not that you are fired or you have it. If you are fired for negligence, you may not get financial compensation. Negligent dismissal, including unqualified probation period, serious violation of company rules and regulations, serious dereliction of duty, etc.

Then, if your performance is relatively low, or your company implements the bottom elimination system, then the company should pay you economic compensation. The standard of economic compensation is N+ 1, where n refers to how many years you have worked, corresponding to several months. For more than half a year, it is counted as one year, and for less than half a year, it is counted as half a year.

For example, if you have worked in a company for three years and are dismissed, you need to pay you 3+ 1 month economic compensation. The standard is three months' remuneration with reference to the average salary of 12 months before your resignation, and the salary of last month with reference to 1 month.

Third, you have the right to ask the enterprise to settle the salary, social security accumulation fund and annual leave salary for you.

Generally speaking, when we leave, many companies will not settle your salary immediately, but will pay you next month with other employees. In fact, this is not a big deal, because of the time. But in practice, you can ask to settle your salary on the day you leave.

As for the social security provident fund, I believe that enterprises are not stupid. You left your job and foolishly paid you the social security provident fund. Therefore, under convenient circumstances, basically, the company's human resources will stop social security and provident fund for you on the day you leave, or the next day. It's just that if you want to join the next company as soon as possible, then you need to ask to stop it for you immediately, otherwise the next company can't buy you social security provident fund.

Fourth, get the notice of termination of labor and the certificate of resignation, and receive unemployment benefits.

If you leave your job, you must get a notice to terminate the labor contract. It should be noted here that you must declare that if you leave your job involuntarily, you will receive unemployment benefits. You can see the words "Party A proposes to terminate the labor contract agreement" in the termination of the labor contract, otherwise it is meaningless for you to terminate the labor contract.

At the same time, you need the company to issue you a resignation certificate, because the resignation certificate is what your next company needs. This is mainly to prevent the risk of workers signing dual labor contracts at the same time. If the management of the company is strict and there is no certificate of resignation, you may be rejected.

After being dismissed, I foolishly filled out my resignation application. 1. The employee voluntarily proposes to terminate the labor contract, which can be divided into resignation and forced resignation.

1. Resignation is a kind of voluntary termination of labor contract by employees.

This is what we often say about asking the company to terminate the labor contract for personal reasons. We can terminate the labor contract by notifying the company 3 days in advance during the probation period and 30 days in advance during the non-probation period. As long as the employee can prove that the company has been notified to terminate the labor contract in advance, the labor contract will be terminated when the time is up.

The other one here is that when the labor contract expires, the employee voluntarily proposes not to renew it, which belongs to the expiration and termination of the labor contract, but the employee proposes not to renew it for personal reasons, and the reason is the same.

Generally speaking, companies will require employees to write a prescribed resignation form, which is also called resignation application form and resignation application form in some companies. , fill it out and give it to the company, and then handle the work handover.

2. Forced resignation is another way for employees to voluntarily terminate the labor contract, but it is different.

This is also due to the employee's initiative to terminate the labor contract with the company, but not because of personal reasons, but because the company defaulted on wages, deducted wages, failed to pay social security and other reasons. Because the legitimate labor rights and interests of employees are infringed, employees can only be forced to terminate their labor contracts.

At this time, employees can write a mandatory resignation notice in their own format to inform the company, instead of writing a resignation form stipulated by the company. Then the theme of this article is compulsory termination of the labor contract, and the reasons for compulsory termination should be explained.

In this case, the compulsory resignation notice belongs to the resignation procedure, and we don't need to write any resignation form according to the company's requirements. At most, we need to fulfill the work handover obligation, and we don't need to sign any written materials containing the reasons for dissolving the labor contract.

Second, the company voluntarily proposes to terminate or terminate the labor contract, which is also divided into these categories.

1. The company is dissolved according to law, that is, the labor contract is terminated according to law, and no economic compensation is paid.

For example, if an employee seriously violates the company's rules and regulations, the company will terminate the labor contract according to law. At this time, the company only needs to issue a notice of termination of the labor contract, and employees do not need to fill in the resignation form. At most, employees are required to hand over their work.

If employees have objections to this behavior of the company, they can apply for labor arbitration without handing over the work first.

2. The company dissolves or terminates the labor contract according to law, but it needs to pay economic compensation.

For example, due to incompetence in the current position, or the company does not renew the labor contract when it expires, it is necessary to pay economic compensation to terminate the labor contract.

In the same way, the company only needs to issue the corresponding notice, so that employees can handle the work handover. In principle, employees do not need to write a resignation form.

3. If the company is dismissed illegally, that is to say, if the labor contract is dissolved or terminated illegally, it shall pay compensation.

Usually, companies think they are legal. At this time, employees can't sign any words, write resignation forms, go through resignation procedures and so on. But should apply for labor arbitration in time.

The termination of the labor contract is not necessarily related to the company's resignation form and resignation procedures.

As for the company's resignation procedures, we should distinguish these two concepts.

I. Termination of the Labor Contract

Whether you resign by yourself or the company, you basically terminate or terminate the labor contract. If it is proposed by an employee, then the employee only needs to give the company a written notice. Conversely, if it is proposed by the company, the company will also notify the employees in writing.

This is different from the termination of the agreement between the two parties, and it does not need the signature of the other party, because it is only a service obligation, as long as it is delivered. In other words, the labor relationship will be terminated within the specified time.

The resignation form made by the company is only for management needs, and the law does not require it to follow this format.

Second, the work handover obligations

In any case, if the labor contract is terminated, as long as the employee does not want to continue to perform the labor contract, then the employee must fulfill the obligation of job handover. For example, give your work to the person designated by the company, and the property obtained from the company belongs to the company. Then this piece has at most one sign-off sheet for work handover, which needs to be signed.

In addition to resigning voluntarily, as long as the notice is in place, there is no need to re-sign.

Many friends are fooled by the company, especially when the company lets employees leave, even if they are dismissed, they have to write another resignation application and so on.

In fact, you don't have to write at all, and you can't write at all, otherwise you will easily be fooled into resigning as an employee.

Remember, if the company proposes to terminate the labor contract, whether it is dismissal or other circumstances, the company only needs to affix the corresponding notice with the official seal. Once you get it, you don't have to sign any written materials about "the reason for dissolving the labor contract".

Including our forced termination of the labor contract. The notice you sent to the company is equivalent to a resignation form. Never write another resignation letter in the format stipulated by the company.

Of course, it may be necessary to sign a work handover, but it must be noted that it is only a work handover and there can be no reason to terminate the labor contract. As an employee, you must have this sensitive consciousness at this time, or you will be cheated!

To sum up, unless you resign voluntarily for personal reasons, you must write a resignation form. In other cases, the notice shall prevail. Don't write your resignation letter in the format stipulated by the company. After all, there are many routines in it.

I was fired and stupidly filled out my resignation application 3. Many companies are laying off employees now. Will you take the initiative to write a resignation report for those friends who were dismissed by the company? Did you get compensation from the company?

Just last week, I was fired from the company. At the suggestion of the personnel department, I wrote my resignation report. (In order to enter the next company, the reason for leaving the company on the resignation certificate is not being dismissed by the company. Moreover, the personnel also said that even if I wrote the resignation report, the company would not breach the contract, and the compensation would still be given to me)

I talked about this on the internet two days ago, and many netizens left me messages warning me:

Don't write a resignation report. Submitting a resignation report is voluntary resignation, and there is no compensation for voluntary resignation.

If you don't get compensation, don't sign anything, especially the resignation application (if you sign this, nothing)

I would rather believe in the labor contract law than the enterprise. You really have no idea how bad business is now.

Another person was fooled by the company HR, and I am grateful for being fooled. I could have got double indemnity, but it was legal for people to give me whatever they wanted. There are too many social routines.

In fact, I also regret that I didn't get the money and handed in my resignation report. I feel very uncomfortable in my heart, and even I can't sleep until dawn, fearing that the company really won't give it.

Knowing that everyone is very concerned about the final result of this matter, I have come to tell you:

Yesterday, I went to the company to sign the resignation agreement and got the compensation!

However, this result does not mean that netizens are wrong, but that many people have suffered such losses, were fooled by personnel and wrote resignation reports, and finally did not get compensation. I can only say that my luck is better. I met a company with a conscience, a good man.

If you are fired by the company, remember:

Never take the initiative to write a resignation report before receiving compensation.

Otherwise, whether the company will compensate you depends on the company's mood. It is the conscience of the company to give it to you, and it is not illegal to give it. After all, you submitted your resignation report, which means that you resigned voluntarily and the company doesn't have to pay you compensation.

How much compensation can you get if you are dismissed by the company?

Many newcomers in the workplace, like me, are all white, and I don't know how to react when I am dismissed from the company for the first time.

But I have gained experience after being fired this time. Here, I will share with you my answers to netizens' questions in Zhihu.

I have worked in a company for five months and have become a full member. Now the company has fired me for no reason. Can I refuse?

My opinion is:

If you dismiss without reason, the company will compensate you.

If you accept it, you will resign by agreement and compensate N+ 1 month salary. Because you haven't worked for six months, N=0.5. That is to compensate you 1.5 months' salary.

If you refuse, and the company can't find you without any fault, then it is illegal to dismiss you. You can apply for arbitration. In the end, the company will pay 2N months' salary, which is 1 month's salary.

Therefore, in your situation, it is more cost-effective to accept the agreement to leave your job and get the compensation of 1.5 months. If you refuse, you will get less, which takes time.