Can words that are unfavorable to employees be written on the resignation certificate?

In order to meet the law-learning needs of the majority of workers, especially those with new employment forms, and create a social atmosphere in which everyone knows and understands the law, the Beijing Federation of Trade Unions and the Municipal Federation of Trade Unions Legal Service Center continue to vigorously carry out "delivery of legal services" In the "Law into the Grassroots" activity, specially invited lawyers have carefully produced "Respect the law and abide by the law and build dreams together - Trade union law popularization classroom". Everyone is welcome to listen and learn! Today is the ninth issue. Lawyer Pan Lili will explain to you how to protect the rights of *** at work. Employee rights? If an employee gives birth to three children, can the employer deduct wages or fire him? Let’s learn together~ 1. How should the employer pay wages to employees? (1) The employer should pay wages directly to the worker himself. If the worker himself is unable to receive wages for any reason, his relatives or others can entrust others to collect them on his behalf. In practice, in order to circumvent labor relations or avoid taxes, some units use the practice of having other employees of the unit pay wages to employees' family members, which is not in compliance with the law. (2) When paying wages to workers, the employer shall provide employees with a list of their own wage payments. (3) The starting salary date shall be calculated from the date of employment, and wages shall be paid to workers at least once a month. It is illegal for some units to use quarterly settlement, year-end settlement, or settlement of wages at the end of a project. (4) The employer shall pay workers’ wages in full on the agreed date, and shall not withhold wages or delay payment without reason. Moreover, if the salary payment date falls on a legal holiday or rest day, payment shall be made on the nearest working day in advance. However, if the employer is unable to pay wages on time due to natural disasters, wars, etc., or if the employer has operational difficulties and reaches an agreement with the labor union and informs employees of the delay in payment of wages, this does not constitute wage deduction or arrears. (5) When employees provide labor normally, the employer shall abide by the city's minimum wage regulations and pay workers wages that shall not be lower than the minimum wage standard. The current minimum wage in Beijing is 2,320 yuan per month. (6) If the employer fails to pay wages to employees in full and on time, the labor administration department has the right to order the employer to pay labor remuneration within a time limit. The employee may also propose to terminate the labor contract on the grounds that the employer fails to pay labor remuneration in full and on time. In this case, even though the employee first proposes to terminate the labor contract, the employer shall pay the employee financial compensation for the termination of the labor contract. 2. How to protect employee rights in ***enjoyment? "***enjoyment" means that an enterprise with surplus employees will second its employees to work in an enterprise lacking workers. The labor relationship between the employees and the lending enterprise will not change, and the borrowing enterprise will An employment form that clarifies the rights and obligations of both parties by signing an agreement with the lending company. How should the rights and interests of employees be protected during the period of employment? First, during the period of temporary loan of employees, the labor relationship shall not be changed, and the lending unit shall bear the main responsibility of the employer. The original enterprise shall pay employees' labor remuneration in full and on time and pay social insurance premiums for employees, and shall not deduct employees' labor remuneration or collect fees from them in any name. Secondly, enterprises with surplus employees (original enterprises) seek employees' opinions and reach consensus with employees before arranging employees to work in enterprises with labor shortages. Thirdly, the employee’s employment period should not exceed the remaining period of the labor contract signed between the employee and the original company. Finally, when the labor cooperation period of *** expires, the employees should return to the original company, and the original company should make arrangements to accept them in a timely manner. If the company without workers needs employees and the employees are willing to continue working in the company without workers, and with the consent of the original company, the employees should contact The original enterprise changed the labor contract in accordance with the law, and the original enterprise renewed the exclusive cooperation agreement with the enterprise short of workers. Employees can also resign from their original companies and work for companies that are short of workers. However, if the illegal termination of the labor contract with an employee causes losses to the original enterprise, it shall be liable for compensation in accordance with the law. 3. If an employee has three children, can the employer deduct wages or fire him? According to my country’s newly revised Population and Family Planning Law on August 20, 2021, a couple can have three children. Article 5 of the "Special Regulations on Labor Protection of Female Employees" stipulates: "The employer shall not reduce the salary, dismissal, or terminate the labor or employment contract of a female employee due to pregnancy, childbirth, or breastfeeding." Therefore, after August 20, 2021, female employees If an employee gives birth to three children, it is a legal birth, and the employer cannot withhold wages or fire the employee. If an employer deducts wages from a female employee because she has given birth to three children, it is an unreasonable deduction of wages.

If the company fires a female employee because she has given birth to three children, it is an illegal termination. The female employee can ask the company to pay compensation for the illegal termination of the labor contract, or she can ask the company to revoke the decision to terminate the labor contract and continue to perform the labor contract, and reissue the salary during the period of illegal termination. Wages, back payment of social security, etc. 4. Is it legal to remark unfavorable information on employees on the resignation certificate? Is there any penalty if the unit does not issue a resignation certificate? According to Article 50 of the Labor Contract Law, the employer shall issue a notice of revocation or termination of the labor contract when rescinding or terminating the labor contract. proof. Article 24 of the "Regulations on the Implementation of the Labor Contract Law" stipulates that the certificate of rescission or termination of the labor contract issued by the employer shall state the term of the labor contract, the date of rescission or termination of the labor contract, the job position, and the number of years of service in the unit. . Therefore, there are clear regulations on what should be recorded in the resignation certificate. In practice, when some units issue resignation certificates to employees, they note some content that is unfavorable to the employees, such as noting that they were dismissed illegally, noting the employee's poor performance in the unit, etc. According to the law, these are not good for employees. The content should not be recorded in the separation certificate. Article 89 of the "Labor Contract Law" stipulates that if an employer violates the provisions of this law by failing to issue a written certificate of rescission or termination of the labor contract to the employee, the labor administrative department shall order it to make corrections; if it causes damage to the employee, it shall be liable for compensation. . Therefore, if the unit fails to issue a resignation certificate to its employees in a timely manner, it shall be liable for compensation to the employees. The standard of compensation shall be based on the specific circumstances of the unit's failure to issue a resignation certificate. The impact on employees and other factors shall be determined by arbitration or the court.