The company leader verbally asked me to resign. What should I do?

How should employees deal with the verbal dismissal of leaders? Theoretically, leaders also have the right to dismiss employees. If the employee's behavior does violate the relevant provisions of the labor law, the company can let the employee "pack up and leave" according to the law.

But in the actual workplace, most leaders say such things casually, hate an employee, or endure to a certain extent, they will say such things that employees can't accept.

Below, I would like to express some personal views on this topic for your reference only.

First, you can verbally ask the company leaders to issue a notice of dismissal, which has no meaning of labor law at all. The leader can verbally say that you don't have to go to work, and so can the relevant personnel in the personnel department. Whose words are valid?

After all, in the labor contract signed by employees at the beginning, Party A is the main body of the company as a legal person, not an individual.

Since the leader doesn't want you to come to work, issue a notice of dismissal according to the compliance process and indicate the reasons.

Otherwise, there is no evidence, so why not take the initiative to go to work?

Maybe you don't go to work honestly, and the unit still regards you as absenteeism, and you have mastered substantive evidence. Then, you will give a notice of dismissal for this reason, and you can really go to into the pit!

In short, in terms of labor relations, if one party wants to change the original contract, it needs to be expressed in the form of written documents. As for oral notification, it can be completely ignored.

Second, firing employees needs to comply with workplace laws. It is common for companies to dismiss employees. After all, the unit is in a strong position in the employment relationship.

Then, under what circumstances can the unit legally dismiss employees?

1, dismissed during probation period

According to the "Labor Law", if a unit dismisses an employee during the probation period, it must prove that the employee does not meet the employment conditions. Enterprises should prove four aspects:

(1) has clear employment conditions;

(2) The conditions of employment have been clearly written to the employee;

(3) The employee does not meet the employment conditions;

(4) Make a dismissal decision during the probation period.

All the above four aspects are satisfied, so as to ensure that there will be no legal risk or minimize the legal risk when dismissing employees during the probation period.

2. Being expelled for serious violations.

Pay attention to the following points when dismissing employees on the grounds of Article 39 of the Labor Contract Law:

First, there must be rules and regulations as the basis, and it is necessary for enterprises to clearly define and list serious violations in employee manuals or rules and regulations. This definition and enumeration must also conform to laws and regulations and human nature.

Second, after the rules and regulations are formulated, employees should be allowed to participate in discussions, negotiate with trade unions or employee representatives, and publicize them to employees in accordance with the procedures prescribed by law. This procedure of democratic discussion, consultation and openness must be carried out in accordance with the requirements stipulated by law.

Third, whether employees violate discipline requires clear evidence. Enterprises will face the legal risk of losing the case if there is no evidence when dealing with employees' violations.

Third, the enterprise should also inform the trade union of the reasons for dismissal in advance, and inform the employees themselves, otherwise it may lead to dismissal with no result and no legal effect forever.

All of the above situations are situations in which enterprises can voluntarily dismiss employees according to the national labor law. Some of these contents need economic compensation, while others don't.