How to deal with self-isolation issues

How to deal with the problem of self-detachment

How to deal with the problem of self-detachment. People go to higher places and water flows to lower places. It is just the natural law of survival. Self-detachment means that employees do not follow the The company's resignation process will automatically leave the company, which is a fatal loss for the company. Below I will share how to deal with the problem of self-resignation. How to deal with the problem of self-separation 1

In the workplace, the time when most people quit their jobs and change jobs is usually at the beginning of the year. Because after the New Year, I no longer want to be as inactive as before. I want to have good development in the new year, and I have also received the long-awaited year-end bonus.

People who want to change jobs will take action at this time, but many people think that the resignation procedure is too troublesome, and they have to stay in the original company for another month. What should I do? Of course, it is a choice to self-divorce, and the salary left in the company after annual leave is not much, so self-divorce has become a choice for many people.

According to a self-employed employee, who would want to change jobs if the job was stable and the company paid well. He also said that he had worked for three companies and had resigned three times. The first two times he resigned were because the company's performance was not good. If the company's performance was not good, then the payment of wages would be a big problem.

The last time I resigned was because my work responsibilities did not match my salary. I was extremely busy from morning to night, and my salary was only so little. It was difficult to maintain a normal life. But I was very lucky. Every time I divorced, I could find a new job in about a week. However, the last time I divorced, I stayed at home for about two months and went out to work in the third month.

Many people think that I am too reckless to divorce myself and have not seriously considered it. In fact, they are all wrong. I have no choice but to divorce myself. As I said just now, if I have a stable job and a stable salary, Well, who would want to change jobs.

Things in this world are unpredictable, so if I have any money saved, I will save it for emergencies. Although I have divorced many times, each company I found is better than the last, but this is necessary.

This kind of self-separation happens in corporate units. I wonder if this kind of thing will also happen in public institutions? According to people familiar with the matter, this kind of thing also happens in public institutions. He also said: One of his colleagues felt that the company was not good and there was no opportunity for development, so he resolutely left the company.

I quite admire his courage. Maybe this is the drive that young people should have. After getting married and having a family burden, this may not be the case. Although I admire his courage, as far as I know he left the company for almost a year and has not found a job yet.

But my gut tells me that he regrets it now. Because several times I asked him to come out for dinner, he always said he would come if he was not free. In the past, it could be said that he was always available when called!

Experts pointed out that in two cases, Zili is the end, the end of everything there. At the same time, it is also the beginning of working in another company. Many people think that separation is an impulsive move, but in fact it is also a helpless move. However, if you taste it slowly, you will find a little sadness in it.

Quitting a job is actually not a bad thing. At the very least, it can help people in the workplace know more clearly what they need, what industry and what position they should be engaged in. But you need to know this within 6 months.

From a psychological point of view, the three months after resigning are the prime time for re-employment. If you do not find a job after three months, you will easily feel anxious. If you don't find a job after 6 months, that person may not be able to bear the psychological pressure, and many problems will burst out one by one, which is extremely detrimental to future career development. How to deal with self-resignation problem 2

How to deal with employees who suddenly resign?

1. Can the company deduct the monthly salary?

You can ask for compensation! But it doesn’t have to be 1 month’s salary!

★ The employee illegally terminates the labor contract, causing the enterprise to suffer losses

For example, the employee fails to fulfill the obligation to notify in advance and leaves the job, making it impossible for the enterprise to replenish personnel in the short term, or causing Important projects of the company may not be completed because workers leave without saying goodbye, causing external commercial default risks and indirectly causing losses to the company.

(Many companies will stipulate in their rules and regulations that if you resign within one month, your salary will be deducted. What I want to say is that this is an invalid clause)

You must understand this passage It’s not difficult. The first thing you need to know is – under what circumstances is it legal for a company to deduct money?

"Interim Provisions on Wage Payment" states that employers are not allowed to withhold workers' wages, in addition to personal income tax, social welfare, withheld child support & alimony, etc., in addition to...

In other words, in addition to normal deductions, the employer can only deduct the expenses when the employee brings losses to the employer, and there are also restrictions on the amount of deductions.

2. Non-competition restrictions on resignation

★ Employees’ violation of relevant agreements after resignation leads to losses to the enterprise

For example, if an employee violates the provisions of the labor contract Confidentiality obligations or non-competition restrictions may leak the employer's business secrets, resulting in a decline in corporate profits and economic losses.

For the first two situations mentioned above, they usually occur after the employee leaves the company and there is no longer a labor relationship between the two parties. The employer can pursue the employee’s liability for loss compensation according to the agreement between the parties and combined with the actual size of the loss. When the employee is required to pay compensation, the employer's legal liability against the employee is limited to claiming damages and cannot pursue "liquidated damages" from the employee.

Mainly based on the "General Principles of Civil Law" and other legal basis, with actual losses as the main reference standard:

According to Articles 20 and 23 of the "Labor Contract Law", except for Except for violations of the service period and non-compete agreements, the employer shall not agree with the employee that the employee shall bear liquidated damages;

At the same time, Article 90 of the "Labor Contract Law" stipulates that if the employee violates this The law stipulates that anyone who terminates a labor contract, or violates confidentiality obligations or non-competition restrictions stipulated in the labor contract, causing losses to the employer, shall bear liability for compensation.

3. Different ways of resignation lead to different endings!

When an employee proposes to resign and asks to leave immediately, there are two situations: the employer agrees or the employer does not agree.

An employee proposes to resign and expresses his intention to leave immediately. If the company feels that the employee's resignation will not bring losses to the company, then just leave and terminate the labor contract through consensus;

If all kinds of The reason is that if the employer does not approve the situation and the employee still leaves without saying goodbye and does not come to work the next day, then the employee has illegally terminated the labor contract, which is the fourth situation of resignation mentioned above.

Some employees who know the law and are good at using it will take the method of being forced to resign. Then the employer should be careful. Check the circumstances of forced resignation. How many of them have you been hit by? A quick calculation shows that about 90% of companies will fail because of "failure to pay social insurance premiums for workers in accordance with the law."

4. How to calculate this severance compensation?

The employer’s liability for compensation from the employee should also be analyzed according to the type of damage, which is divided into two situations:

(1) If the employee illegally terminates the labor contract, causing losses to the enterprise

According to Article 4 of the "Measures for Compensation for Violation of Relevant Labor Contract Provisions" (Ministry of Labor [1995] No. 223), workers may be required to compensate for the following expenses:

(1) ) The fees paid by the employer for recruitment;

(2) The training fees paid by the employer shall be handled in accordance with the agreement if otherwise agreed upon by both parties;

(3) For Direct economic losses caused by production, operation and work;

(4) Other compensation expenses stipulated in the labor contract.

(2) Situations in which workers violate confidentiality agreements or non-competition agreements and infringe on the employer’s business secrets, resulting in losses

According to the "Compensation Measures for Violation of Relevant Labor Contract Provisions" (Labor Article 5 of Bufa [1995] No. 223) stipulates that compensation can be claimed in accordance with Article 20 of the Anti-Unfair Competition Law (the Anti-Unfair Competition Law stipulates that if an operator violates the provisions of this law, the operator shall be infringed upon. If an operator causes damage, he shall be liable for damages;

If the infringed operator’s losses are difficult to calculate, the amount of compensation shall be the profits gained by the infringer due to the infringement during the infringement period; and shall bear the liability for damages. Reasonable expenses paid by the infringing operator for investigating the operator’s unfair competition behavior that infringes upon its legitimate rights and interests).

Note: According to relevant judicial interpretations, if an employee infringes on business secrets and causes losses to the employer, the employee can be regarded as an "operator" as mentioned in Article 20 of the "Anti-Unfair Competition Law" ”

In addition, corresponding to the situation where the employee causes losses to the unit due to illegal termination of the labor contract, it is the situation where the employee causes losses to the company due to his job behavior during his employment. According to relevant regulations, the employee can only be required to Limit compensation.

For example, Article 16 of the "Interim Provisions on Wage Payment" issued by the Ministry of Labor stipulates: If the employee causes economic losses to the employer due to his own fault, the employer may require him to compensate for the economic losses in accordance with the labor contract. .

Compensation for economic losses can be deducted from the worker’s salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

5. It is recommended that enterprises proceed as follows

(1) After the employee leaves without saying goodbye, first mail a "Remonstrance Letter" to the pre-confirmed delivery address to urge him or her to Return to the company to work normally, inform them that if there are special circumstances, they need to complete the leave procedures and submit corresponding evidence, and inform them of the consequences of failure to return within the time limit. This is an action based on management responsibilities. If an employee does not come to work, the company, as the management side, would not care about it, right?

(2) If the "Reminder Letter" is issued and the employee has not returned within the specified period, the decision to terminate the labor contract will be made in accordance with the company's rules and regulations (the labor contract will be terminated if the absence reaches a certain number of days). There is an established For enterprises with unions, remember to notify the union before dissolving the union.

(3) Send the "Notice of Termination of Labor Contract" to the employee by mail, and indicate on the express delivery details sheet that the document sent is the "Notice of Termination of Labor Contract".

Summary: How to deal with employee separation

Principle: System support, courtesy first and then attack

1. Strict system

Company employee handbook or related In the management system, there must be provisions for "self-separation" of employees:

(1) If an employee does not come to work for three consecutive days and does not ask for leave, the company will regard it as self-separation and all related benefits will be suspended, such as Social security, etc.

(2) All employees who have resigned from the company will never be rehired;

(3) All employees who have resigned will not be paid their salary for the month of resignation; If the work handover is not done well and causes serious losses to the company, the company has the right to pursue liability.

Through employee induction training, relevant information should be clearly explained at the time of onboarding; emphasis should be placed on attendance records and ideological work should be done well.

2. (Be polite first) Fulfill the obligation to proactively inform

Since the phone is not available, send a text message to remind you that the holiday has passed. If you do not go to work without renewing your leave and are absent from work for more than three consecutive days, that is For the sake of self-separation, employees are expected to come to work in a timely manner and can make up for their leave when necessary. Although it can be said that the other party did not receive the text message, this can also be regarded as proving the company's obligation to proactively report it.

3. Timely replacement of staff

In response to these self-separation situations, the situation must be reported to the hiring department and HR department leaders as soon as possible so that timely application for replacement can be made to avoid affecting department work. normal development.

4. (Verbal warning) Respond promptly

Contact the emergency contact or find a close colleague or fellow employee of the disciplinary employee to make it clear how the company treats self-retirement How to deal with it? Even the salary will not be paid. I hope they understand or take the message back in time. If you have any questions, please reply or consult within a time limit. Analyze the pros and cons of the consequences of divorce.

Give them good advice and ask them to come to the company in time to go through the resignation procedures if they are determined to resign. Otherwise, the company will issue relevant expulsion notices. It is best to have these verbal notices signed by the person making the call for future reference.

5. Formal Announcement

If someone comes to handle resignation procedures, follow the normal resignation procedures and deduct the corresponding fees.

If there are still some employees who will go through the resignation procedures within the time limit (usually within one month), you can conduct a centralized cleanup at the end of each month and notify all employees who have been notified but will go through the resignation procedures in the future. , posted on the company's bulletin board for a week.

This mainly explains that the above personnel have been removed from the company in accordance with relevant laws and regulations due to long-term separation. Please inform all departments and all employees.

Problems with the delivery process:

First, choose direct delivery, that is, send the relevant information to relatives who live with you, and they will forward it to you.

Next, choose delivery by mail, that is, by registered postal mail.

Finally, when the first two are not feasible, the notice is served. That is, notification will be made through media announcements, and the announcement period will be 30 days. After 30 days, it will be deemed delivered.

6. Other treatments:

(1) Calculate wages, spread bait to lure fish, and prevent legal risks

Although the above employees have been removed from the list, their wages It should still be kept in the financial account and cannot be used for other purposes. In case these employees suddenly appear one day, they should still be settled. In case employees sue the company, the company will have a statement to avoid the legal risk of withholding wages and delaying payment of wages.

(2) Social security benefits: The five insurances and one housing fund for these employees should also be reduced;

(3) Administrative supplies: Their dormitory supplies and office supplies should also be informed to themselves. On the basis of leaving employees or callers, they should be properly handled by two or more people to supervise to avoid unnecessary disputes or accidents;

(4) File management: Personnel files and other information should also be kept for about two years. It will be destroyed after approval according to procedures.

7. Regarding voluntary early termination:

1. If the employee gives advance notice of terminating the labor contract, the employer may not pay salary compensation;

2 . If the employee fails to comply with the "termination notice period" or does not provide written notice, the labor contract is illegally terminated, and the employer may require him to bear compensation liability.

3. If the employee’s job is not irreplaceable, or if the employee leaves his job immediately, it will not have an adverse impact on normal production, the company should handle the handover with him as soon as possible and submit a request to the changing party. Let both parties negotiate to terminate the labor contract through consultation and terminate the labor contract as soon as possible. Otherwise, you may encounter this situation. If you submit your resignation 30 days in advance, and on the 29th day you say that you are pregnant, seriously ill, and don't want to leave, it will cause a lot of trouble.

4. In order to prevent losses caused to the enterprise by employees changing jobs, the enterprise can impose restrictions on workers who terminate their labor contracts early through the salary system. For example, adding an effective condition to certain benefits can completely exclude them if the contract is terminated midway.

5. For those who provide special training, employees can be restricted from changing jobs through agreements such as liquidated damages and service periods; for some core employees, competition restrictions can be used.