The probationary employee verbally offered to leave and did not come.

Question: Yesterday, the employee verbally said that he was leaving/the employee telephoned that he was leaving/the employee sent a WeChat saying that he was leaving, and then he didn't come. What should I do?

This question is asked by HR in the group almost every day. Everyone knows that resignation requires a written application or report. However, if employees leave their jobs orally and don't follow the routine, the unit will be in the dark and don't know what to do.

Fortunately, every unit will meet 1-2 workers who left without saying goodbye. What they want is to leave, regardless of the consequences of illegal termination, and it is impossible not to hand over and pay the settlement money. I can't help it even if I don't come. Don't worry if you haven't met it now. As long as you stick to the road of HR, this "little monster" will meet sooner or later. )

There are usually three ways for a company not to hand in its resignation:

1, let nature take its course, and don't look for a state.

Workers don't come to handle the handover procedures, and they don't come after a certain period of time. The unit thinks that the laborer "voluntarily leaves his job" (there is no such thing as automatic resignation in law), so the unit deducts the social security and provident fund of the laborer, stops paying wages and does not look for it for a long time.

If you really can't find it, that's enough. If one day workers return to the company and say that they have not left their jobs, the company unilaterally reduces social security and provident fund, which harms the interests of workers and demands the termination of labor relations and payment of economic compensation; Or if an accident has occurred, it is required to identify the work-related injury; Or get sick, have a baby, ask the company to pay relevant treatment, etc. ; In short, workers believe that labor relations have not been terminated, and the handling of other labor relations needs to be performed by the unit, except for unpaid wages. Once it is determined that the labor relationship has not been terminated, the unit is very passive and the paid benefits will be paid.

2. Don't come to the company for handover, absenteeism and termination.

The company was very angry that the employee did not come to handle the handover after being told orally or by phone that he would leave his job. This is a bit difficult to manage. The company should not be so passive. It should take the initiative to take a positive attitude, otherwise how will the company be managed in the future? According to the company's rules and regulations, if a worker fails to perform the leave formalities and does not come without authorization, it is absenteeism, and the company can terminate the absenteeism for X days. After X days, the company will directly send a notice of termination to the workers, and the reason for termination is X days. After receiving the notice, the laborer applied for arbitration by backhand, claiming that the unit had terminated illegally. Whether the absenteeism behavior of the unit involved in the lawsuit can withstand scrutiny requires judicial verification.

3. Dissolve the labor relationship first, and then follow up the work handover.

First, get rid of the employee's resignation. You can record the phone number of employees leaving their jobs, and save the voice or text, SMS and email of WeChat. It is best for employees to hand-write resignation application/report and send it to the unit through EMS, and the cover indicates that it is resignation application/report. Can be a variety of ways, multi-pronged, fixed employee turnover behavior.

Secondly, after receiving the employee's resignation application/report, it is clear how to reply to the employee's intention to resign, and the company agrees to his resignation, and the labor relationship between the two parties will be terminated on XX. XX, the unit will issue a certificate to terminate the labor relationship, which can be delivered to the workers in a multi-pronged manner, clearly informing them that the labor relationship has been terminated. (If the workers cooperate with the handover, due to a lot of handover work, the handover has not been completed by the appointed time. At this time, the unit should be flexible and don't bother the workers at the appointed time. )

Finally, after the termination of the labor relationship, there is no longer a labor relationship between the unit and the employees, so there is no need to worry about the possible risks in the first case. At this time, you can continue to track the handover of the employee and avoid risks first, which is better than passively waiting to confront risks.

03 Recommendations to the Unit

The unit asked, in addition to this passive waiting for handover, does the unit have no other means of safeguarding rights?

Workers have been illegally released, and the means of safeguarding rights of the unit has been very limited. In the Regulations on Labor Contracts in Anhui Province, if a laborer fails to notify the employer to terminate the labor contract 30 days in advance in accordance with the provisions of these regulations, he shall pay compensation to the employer according to the standard of 1 month salary before the laborer terminates the labor contract. Most provinces and cities do not have such regulations, and units must prove that the losses caused by employees' resignation and failure to hand over their jobs can be recovered.

Therefore, if it is not a particularly important post, there is no need to argue with the workers because it has not been handed over in time. If you don't pay, you won't agree to leave In the end, this unit will suffer. You can choose the handover method flexibly according to the actual work situation. The unit should take the initiative, and you don't have to come to the company if you can remotely.

If it is a very important position, then do a good job in the loss assessment of the work that has not been handed over in time, and safeguard rights through judicial channels if necessary.