To save trouble and apply the template, once the defendant is reasonable, it is not clear; the standard terms are hidden and tricky, and the rights and interests of rushing to sign are easily damaged——
Be careful! Don't fall into these "pits" of resignation documents
Our reporter Liu Xu
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In reality, it is not uncommon for workers to have labor disputes with employers because of resignation documents.
The seemingly "similar" content of the document will bring about "much worse" results when defending rights.
Lawyers remind that workers should choose resignation documents according to the specific circumstances when they leave their jobs. For standard clauses, they should dare to ask questions and sign with caution.
Recently, Peng Chenyu, who previously worked in a software development company in Dalian, Liaoning Province, felt very depressed.
He originally resigned voluntarily, but because he tried to save trouble and applied the resignation report template with loopholes on the Internet, he had no choice but to pay the former "owner" a sum of financial compensation.
The reporter's investigation found that in reality, there are not a few cases of labor disputes between workers and employers due to resignation documents.
The seemingly "similar" content of the document will bring about "much worse" results when workers defend their rights.
Lawyers remind that when employees leave their jobs, they should choose the appropriate resignation documents according to the specific situation, learn to "plug leaks and avoid pitfalls", write clearly the reasons for resignation and compensation amount, etc., and use words such as "application", "instruction" and "request" with caution. Standard terms, dare to ask questions, and sign with caution.
Write 3 more words in the resignation report, and lose the company 29,000 yuan
In March 2021, Peng Chenyu decided to resign because the company had not raised his salary for 5 years.
He submitted a paper resignation report to the human resources department 30 days in advance. The report was rewritten based on a template downloaded from the Internet, with the words "please give instructions" at the end of the text.
On April 23 of that year, Peng Chenyu packed office supplies and left the company.
To his surprise, on May 20, he received a court summons: the company sued him for absenteeism and demanded compensation of 29,000 yuan for economic losses.
After trial, the People's Court of Jinzhou District, Dalian City held that the resignation report submitted by Peng Chenyu contained the words "please give instructions", which belonged to the negotiation to terminate the labor relationship, and did not meet the requirements of Article 37 of the Labor Contract Law that "labourers should Notify the employer in writing that the labor contract can be terminated”, but the situation stipulated in Article 36 of the Labor Contract Law that “the employer and the employee can terminate the labor contract by negotiation”.
Therefore, in the absence of an agreement between the two parties, Peng Chenyu's behavior is absenteeism and should compensate the employer for economic losses.
Coincidentally, in July 2020, the Jinzhou District People's Court of Dalian City also heard a similar case.
Wang Qingke, an employee of a high-tech enterprise, submitted a "Notice of Termination of Labor Contract" to the enterprise because the enterprise failed to pay social security and owed wages of 6,400 yuan for two months.
Originally, according to Articles 38 and 46 of the Labor Contract Law, if the employer fails to pay labor remuneration in full and on time, or fails to pay social security premiums for the laborer according to law, the laborer can terminate the labor contract, And the employer should pay certain economic compensation to the laborer.
However, because the "Notice of Termination of Labor Contract" submitted by Wang Qingke was a template downloaded from the Internet, it did not specify the specific reasons for leaving.
In the end, under the mediation of the court, Wang Qingke only got the 6,400 yuan of wages owed.
In the name of "unified template", enterprises bury "pit" and "routine" workers
"The template content that looks 'similar' will bring about 'much worse' results when workers are defending their rights." Meng Yuping, a lawyer at Shanghai Duan and Duan (Shenyang) Law Firm, said that in the labor dispute case she took over Among them, in addition to the situation where employees use the resignation template to "eat dumb losses", it is not uncommon for employers to "fool" workers in the name of "unified template".
This is how Zhao Xiaoshu, a material staff member of an auto parts company in Shenyang, was "successfully recruited".
When she resigned, the company asked her to sign the "Resignation Application" on the grounds of quick payment of financial compensation, and said that this is the company's unified template, and all are standard terms.
During the labor arbitration, the sentence "there is no other dispute between the two parties" in the "Resignation Application" became the key evidence, resulting in the arbitral tribunal not supporting her application for repayment of overtime pay.
The arbitral tribunal stated that Zhao Xiaoshu was a person with full capacity for civil conduct, and there was no evidence that she was coerced by the company, so she signed and agreed that she could no longer apply for compensation if there were no other disputes.
Because of the company's "routines", employee Li Li also failed to receive economic compensation.
At the arbitral tribunal, when the employer took out the "Resignation Application Form" she had signed, she discovered that in the options for reasons for leaving, she had checked "Personal Reasons".
Therefore, the arbitral tribunal found that Li Li resigned voluntarily.
"The parentheses after the 'company reason' option read 'the company owes wages or fails to pay social security'." Li Li told reporters that she felt that the reason for her resignation was because she was dissatisfied with the transfer, not because of arrears of wages or non-payment of social security. "Company Reason" is not checked.
During the trial of the relevant case, Zheng Hong, a judge of a basic people's court in Shenyang, also confirmed to reporters that when such a company's resignation documents use a uniform template, which is inconsistent with the facts, the judge can only make a judgment based on the evidence, "The documents in black and white are the most persuasive. Employees are responsible for the documents they have signed.”
There is no unified template for resignation documents, and workers should learn to "plug leaks and avoid pits"
Resignation reports, resignation applications, resignation notices, resignation agreements... The reporter searched and found that online templates for resignation documents have various names and different content elements.
Liang Zhaoqiang, a lawyer from Beijing Yingke (Dalian) Law Firm, said that there are generally three types of employee resignation: one is voluntary resignation, and the employer needs to be notified 30 days in advance; the other is resignation by consensus; forced to leave.
"Different companies have different requirements for resignation documents, and there is no unified template. The online resignation document template lacks authority and pertinence." He explained that usually workers leave voluntarily and should submit a "Resignation (Resignation) Notice" "Resignation (Resignation) Agreement", the reason should be checked "personal reasons", and the company does not need to pay economic compensation; if it is agreed to leave, the "Resignation (Resignation) Agreement" should be submitted, and the time of resignation, compensation form and amount should be stated in the text; The "Notice of Forced Termination of Labor Contract" states the reasons for forced resignation and the amount of compensation requested, such as failure to pay social security in time, failure to pay labor remuneration in full in time, etc., as evidence for subsequent rights protection.
Zheng Hong believes that enterprises should assume the responsibility of risk warning, and take the initiative to inform workers of the requirements for resignation documents to avoid disputes afterwards.
In addition, the labor inspection department should strengthen supervision and punish problem companies that deliberately "routine" employees.
Meng Yuping suggested that workers should take resignation documents seriously when they resign, learn to "plug leaks and avoid pitfalls", especially write down the reasons for resignation and the amount of compensation, and use words such as "application", "instruction" and "request" with caution. Determine the terms and dare to ask questions.
If you are forced to apply the template or accept the format terms, you can explain the situation in the remarks and copy it to leave evidence.
If you cannot identify whether there is a "pit" in the resignation document, do not sign it immediately, but seek help from legal experts or lawyers from the labor union, human resources and social sector.
Meng Yuping also reminded workers to pay attention to the handling of "resignation certificates".
According to Article 50 of the Labor Contract Law, the employer shall issue a certificate of rescission or termination of the labor contract when it rescinds or terminates the labor contract.
"The resignation certificate is a necessary certificate for social security transfer and for workers to join a new company." Meng Yuping explained.