The company sent me a notice of dismissal. I don't agree with the reasons for dismissal. Do I have to sign for it?

The company has issued a notice of dismissal, and there is no need to sign for it if there is any objection to the reasons for dismissal.

If the employer unilaterally dismisses without justifiable reasons, it needs to pay double compensation.

The dissolution of the labor contract has the following characteristics:

1. The terminated labor contract is a valid labor contract established according to law;

2. The practice of dissolving the labor contract must be carried out after the dissolved labor contract is concluded and takes effect according to law, but before it is fully performed;

3. Both the employer and the employee have the right to request the termination of the labor contract according to law;

4. The employer and the employee can terminate the labor contract through consultation, and are not limited by the termination conditions stipulated in the labor contract.

Process of termination of labor contract:

1. The employee shall notify the employer to terminate the labor contract 30 days in advance;

2. Certificate of dissolution or termination of the labor contract issued by the employer;

3. Workers handle work handover.

The reasons for dissolving the labor contract are as follows:

1, proved to be unqualified for employment during the probation period;

2, a serious violation of the rules and regulations of the employer;

3, serious dereliction of duty, corruption, causing great damage to the employer;

4. The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it.

To sum up, the company issued a notice of dismissal, disagreed with the reasons for dismissal, and did not need to sign for it.

Legal basis:

Article 37 of People's Republic of China (PRC) Labor Contract Law

The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 50

Paragraphs 1 and 2. When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of files and social insurance relations for employees within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employer should pay economic compensation to the laborer in accordance with the relevant provisions of this law, it belongs to the completion of labor.

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Do employees need to sign a written notice of dismissal?

Zheng Meng has been practicing for 5 years.

Criminal defense, labor disputes, contract disputes, creditor's rights and debts of Guangdong Guofan Law Firm.

1. Do employees need to sign the notice of dismissal? 1. A written notice of dismissal does not require the employee's signature. The dismissal of employees by the company is a unilateral act of the company and has certain compulsion. The essence of dismissal notice is notice, not agreement. Generally speaking, the notice of dismissal is submitted directly to the dismissed employee for signature, or a receipt is issued by registered mail or in the form of newspaper announcement. It takes effect when the dismissed employee receives the notice, not when the dismissed employee signs and agrees. 2. Legal basis: Article 39 of the Labor Contract Law of People's Republic of China (PRC) (negligent dismissal) If the employee is unilaterally terminated by the employer, the employer may terminate the labor contract: (1) It is proved that it does not meet the employment conditions during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. Second, can you dismiss without written notice? After the employee is dismissed by the unit, he shall submit a written notice of dismissal to the unit. At the same time, those who ask for economic compensation should obtain evidence to prove their working years and salary income. Evidence of working years includes previous labor contracts, records of wage passbook, payment records of social insurance, and evidence of wage income includes records of wage slips and wage passbook. If you want to continue to perform the contract, you need to prove the unfulfilled period of the contract and your own salary standard. ... full text

The consequences of the company's notice of dismissal

Zhou has practiced 1 1 year.

Criminal defense, economic disputes and traffic accidents of Beijing Yingke (Quzhou) Law Firm.

Legal analysis: the notice of dismissal is a document used by the company to terminate the labor contract with employees. According to the relevant provisions of the Labor Contract Law, notice should be given to employees when they are dismissed. When an employee violates the labor contract, or seriously violates the law and discipline, or the company needs to reorganize its business, it can dismiss the employee according to the relevant provisions of the labor contract and laws and regulations. Once an enterprise issues a notice of dismissal to employees, it will mean that the company has the obligation to pay economic compensation to employees, and this notice will become the main evidence for arbitration or litigation. Enterprises should be cautious about this. The notice of dismissal mainly includes: the name of the dismissed employee, reasons for dismissal, dismissal treatment and compensation, etc. The basic requirement for giving notice of dismissal is to clearly explain the reasons for dismissing employees. If the employee is dismissed for his own reasons, the company has the right to investigate the employee's responsibility and require the employee to bear the liability for compensation according to the labor contract. If it is due to the company's own reasons, such as layoffs due to industrial restructuring, the company should explain the reasons and make compensation in accordance with the relevant provisions of the Labor Contract Law. Legal basis: Article 37 of the Labor Contract Law of People's Republic of China (PRC), the employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. Article 38 A laborer may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance. Article 39 The employing unit may terminate the labor contract in case of any of the following circumstances: (1) It is proved that the employee does not meet the employment conditions during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. Article 40 In case of any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation. ... full text

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The company sent me a notice of dismissal. I don't agree with the reasons for dismissal. Do I have to sign for it? I'll ask my lawyer.

32,389 people are getting one-on-one answers.

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Is the dismissal notice the same as the dismissal notice?

Liu Xin has been practicing for three years.

Property disputes and contract disputes of Zhejiang Xiaode Law Firm

Legal analysis: different. 1. Dismissal refers to the dismissal of employees by the employer, which refers to the compulsory measures taken by the employer to terminate the labor relationship with employees for some reason. 2. Dismissal is often led by the organization, and the employment relationship is terminated for personal reasons. State-owned enterprises and collective enterprises in China are also called dismissal. Legal basis: Article 36 of the Labor Contract Law of People's Republic of China (PRC), the employer and the employee can terminate the labor contract through consultation. Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. ... full text

Without written notice, what preparations should be made before oral dismissal? -Get to know Zhihu.

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The company was dissolved without written notice.

Zhao Shuquan has been practicing for 7 years.

Criminal Defense and Divorce of Tianjin Xingtong Law Firm

Legal analysis: the company can directly ask the employer for dismissal without sending a written notice. Under normal circumstances, the company must issue a written notice to dismiss employees. If the employee is notified one month in advance and only needs to pay economic compensation, but the employee is not notified one month in advance, an extra month's salary is required as a notice. Legal basis: Article 50 of People's Republic of China (PRC) Labor Contract Law. The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for employees within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference. Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations. When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing. In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation. The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers. ... full text

Do you need to continue working after receiving the notice of dismissal?

Jiang Xianfeng has been practicing for 6 years.

Contract disputes and labor disputes of Beijing Bank of China (Fuzhou) Fuzhou Law Firm.

No, wait for the labor dispute arbitration commission to handle it. If the labor relationship is restored through arbitration, the employer needs to pay the wages during the absenteeism period. What should I do if the employer terminates the labor contract illegally and the employee requests to cancel the decision to terminate the labor contract and continue to perform the labor contract? If the original labor contract has expired before the verdict is pronounced in the first instance, and the laborer requests to continue to perform the labor contract, it is generally not supported. The wage loss during the period from the date when the laborer claims to stop paying wages to the expiration of the labor contract period shall be determined according to the average wage of the laborer in the twelve months before the payment of wages is stopped. If the term of the original labor contract is not full when the verdict is pronounced in the first instance, and the laborer requests to continue to perform the labor contract, it shall be supported. The loss of wages after the date of wage suspension shall be determined according to the average wages of employees in the twelve months before wage suspension. ... full text

What if the company doesn't give notice of dismissal?

Zhao Linlin has been practicing for five years.

Economic disputes, corporate affairs and contract review of Beijing Shi Jing (Shenzhen) Law Firm.

Legal analysis: the notice of rejection is only valid in written form, which is a necessary condition for the arbitration commission to accept the case. The company can refuse to ask for a transfer. If the company dismisses you for refusing to transfer, it is illegal to terminate the labor contract and you need to pay 2N compensation. I suggest you be patient, let the company take the initiative to dismiss you in writing, and sign any agreement related to resignation carefully, and don't leave your job voluntarily. Legal basis: Article 50 of People's Republic of China (PRC) Labor Contract Law. The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for employees within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference. ... full text

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Liu Jun has been practicing for three years.

Economic Disputes and Contract Disputes of Hunan Furong Law Firm

Legal analysis: if the company dismisses its employees without giving notice of dismissal, the workers can directly ask the employer for it. Under normal circumstances, the company must issue a notice of dismissal. If the employee is notified one month in advance, only economic compensation will be paid, but one month's salary will be paid as a notice. Legal basis: Article 50 of People's Republic of China (PRC) Labor Contract Law. The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for employees within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference. ... full text

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Criminal defense of Zhejiang Kaida Law Firm, bail pending trial, economic dispute

Legal analysis: the company dismisses employees without giving notice of dismissal. Employees can ask the employer to provide it or complain to the local labor inspection brigade. Legal basis: Article 50 of People's Republic of China (PRC) Labor Contract Law. The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for employees within 15 days. ... full text

Is it legal to be dismissed without notice?

Yu Qingquan has been practicing for 23 years.

Criminal defense of Jilin Zhengsen Law Firm, economic disputes, creditor's rights and debts

Legal analysis: It is illegal for the company to dismiss you without legal reasons. Legal basis: Article 39 of the Labor Contract Law of People's Republic of China (PRC) * * * In any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law. ... full text

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What if the company refuses to accept the resignation notice?

Wang Zhenfen's practice 17 years.

Criminal defense and legal consultant of Beijing Mingda Law Firm.

Legal analysis: In order to provide evidence, written notice is recommended. If the company doesn't sign for it, it is suggested to express the notice of "forced resignation" by EMS, and indicate on the EMS list that the documents sent are "notice of termination of contract". Even if the company refuses to sign for EMS, employees can prove that they have fulfilled their notification obligations with the receipt of the post office. Legal basis: Article 37 of the Labor Contract Law of People's Republic of China (PRC), the employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. ... full text

What should employees do after the company sends a notice of dismissal?

Zhengzhen has been practicing for 4 years.

Shandong Zhengyi Guang Zhi Law Firm (case of traffic accident and contract dispute)

Legal analysis: If the employee refuses to accept the dismissal decision, he can apply for arbitration and demand to continue to perform the labor contract or claim compensation. If the unit can't dismiss its employees without legal reasons, it is illegal to terminate the labor contract. It can collect evidence and apply to the local labor dispute arbitration committee for arbitration and demand economic compensation. Legal basis: Article 37 of the Labor Contract Law of People's Republic of China (PRC), the employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. Article 38 A laborer may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance. Article 39 The employing unit may terminate the labor contract if the employee is under any of the following circumstances: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. Article 40 In case of any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation. ... full text

The company was dissolved without written notice.

Qiu Ling has been practicing for 23 years.

Criminal defense, marriage and family, corporate affairs and economic disputes of Hunan Fengxian Law Firm.

Legal analysis: it is necessary to terminate the contract illegally. If an employer dismisses a worker without reason, it shall pay compensation to the worker, and pay two months' salary every full year as compensation. Legal basis: Article 39 of the Labor Contract Law of People's Republic of China (PRC) * * * In any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. ... full text

How to deal with being dismissed by the company without receiving any notice?

Hu has been practicing for 8 years.

Guangdong Guofan Law Firm's criminal defense, bail pending trial, lawyer meeting.

1. How to deal with being dismissed by the company without receiving any notice? 1. If the employee is dismissed by the company without receiving any notice, the employee may ask the employer to pay the unpaid salary, deposit, compensation for illegal termination, salary, double salary without signing a labor contract, overtime salary, etc. The term of labor arbitration is one year from the date of employee's resignation. 2. Legal basis: Article 50 of the Labor Contract Law of People's Republic of China (PRC) * * * The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and handle the transfer procedures of the file and social insurance relationship for the employee within 15 days. Second, how to compensate the unit for dismissing employees without reason? 1. The economic compensation shall be paid to the employees according to the standard of paying one month's salary every full year; 2, more than six months but less than one year, according to one year. If it is less than six months, it shall pay economic compensation of half a month's salary to the laborer; 3. If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed twelve years. The monthly salary mentioned in this article refers to the average salary of the workers in the twelve months before the dissolution or termination of the labor contract; 4. If the unit unilaterally dismisses without justifiable reasons, it needs to pay double compensation according to the above standards. ... full text

What if I don't give a written notice of dismissal?

Li Hongyan practiced in 12 years.

Shanghai Jacky (Kunshan) Law Firm divorce, divorce property disputes, inheritance, marriage and family, custody.

Failure to give a written notice of dismissal is handled as follows: 1. Negotiate with the employer. In the process of negotiation and settlement, we should pay attention to obtaining the time, reason or reason for the employer to terminate the labor contract, so as to be prepared for collection and full guarantee when arbitration or litigation is filed when negotiation fails; 2. Ask the employer relevant questions in writing. Generally, it should be put forward by letter or telegram, including: the fact that the employer has not notified the dismissal in writing, his own objections, his own rights claims, etc. , and keep the evidence content; 3 timely complaints and letters to the relevant agencies and departments. When making a complaint, the employing unit shall comprehensively and objectively register the situation that the labor contract has not been terminated in the form of a written notice, and keep the evidence of complaints and letters and visits; 4. Get the recorded data. Obtain recorded evidence related to the employer's failure to terminate the labor contract in the form of written notice by talking to the other party, making phone calls, etc. What will happen when the contract is terminated: 1, the termination of the contract is generally only applicable to the case of unilateral breach of contract, but it is more complicated when both parties breach the contract, depending on which party's breach of contract is fundamental, and the exercise of the right to terminate depends on the specific situation; 2. In the sense of self-protection, it is not necessary to terminate the contract as long as the other party breaches the contract, but to judge whether this breach is a fundamental breach of contract and whether it can avoid encouraging itself to cause greater losses without taking measures to terminate it. In other words, the exercise of the right to terminate the contract should meet the legitimate purpose; 3. From the perspective of transaction cost, the termination of the contract means the failure of the transaction. If one party breaches the contract, the contract will be terminated, which will bring heavy transaction cost to the market transaction and bring impact and destruction to the market transaction order and security; 4. Generally speaking, the purpose of the contract is related to the main obligation of the contract, and violation of the main obligation will make it difficult to achieve the purpose of the contract, while simple violation of the collateral obligation arising from the principle of good faith will generally not lead to the loss of the purpose of the contract, and the contract cannot be terminated accordingly; 5. Improper performance and termination of the contract. Improper performance means that the goods delivered by the debtor do not meet the quality requirements agreed in the contract, that is, the performance is defective. If the defect is not serious, it is generally required to take price reduction and repair measures to remedy it without announcing the termination of the contract. To sum up, if the defect itself can be repaired, the non-breaching party has the right to ask the breaching party to repair the defect. Giving the non-breaching party the right to ask for the repair of defects actually gives him the opportunity to repair defects, thus avoiding the termination of the contract. Legal basis: Article 36 of the Labor Contract Law of People's Republic of China (PRC) * * * The employer and the employee can terminate the labor contract through consultation. Article 37 Laborers shall give advance notice.