How Does Employee Turnover Handle The Resignation Application Form?

For labourers, it is necessary to be cautious and careful in filling out the standard resignation application form, seriously checking the reasons for leaving the office, arrears and settling accounts directly related to the immediate interests of the laborers. Once the signed exit application forms that have prejudice to their rights and interests are signed, they will become passive and face enormous legal risks.

Zhang Yu worked as a restaurant attendant at a resort hotel, and the two sides signed a labor contract lasting from June 1, 2013 to May 31, 2015.

When the Spring Festival approached in 2015, the hotel manpower Commissioner found him on the grounds that he would replace his new service team in the future and asked him to resign voluntarily. He also handed in a standard resignation application form and asked for his signature confirmation.

Zhang Yu looked at the resignation application form, and said, "there is no money left between a resort hotel and Zhang Yu". Hastened to ask the Commissioner of manpower, "there is still no 1 month salary to settle."

The manpower commissioner said, "the rest of the salary will be paid to you next month."

Zhang Yu didn't think much about it and signed the resignation application form.

Who knows, 3 months have passed.

Tardy, I couldn't get any reply to call the hotel.

In desperation, Zhang Yu filed an arbitration with the local labor and personnel dispute arbitration committee.

The resort is required to pay 1 months' salary before departure.

The Arbitration Commission has concluded that the resort hotel should bear the main responsibility for paying for Zhang Yu's wages.

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The resort hotel can not directly and accurately explain the amount of cash that has been paid in court, and the content of the resignation application is the standard clauses drawn up by the resort hotel. At the same time, the resort hotel failed to provide any evidence to support it.

Finally, the Arbitration Commission supported Zhang Yu's request.

Comment: for the employer, the use of the standard leave application is a double-edged sword. On the one hand, the use of the form form improves the efficiency of the human resources work of the employer, and to a certain extent, evade the legal risks and responsibilities. However, if the proposed provisions are too general, if we do not pay attention to the preservation of the relevant evidence of the specific details, we may assume the legal consequences of not proving the evidence.

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In the labor dispatch relationship, only labor dispatching units are established for the establishment of labor relations with workers, and the labor dispatch units are the legitimate employers, rather than the employing units that receive the labor dispatch.

Last November, Chen signed a 1 year labor contract with a labor dispatch company in Ji'nan, dispatched by a labor dispatch company to a communications company.

In August of this year, Chen resigned and approved the company.

After sending the company to know the situation, he asked Chen to return to the unit to explain the situation immediately, otherwise, he would be held accountable for breach of contract.

Chen believes that he has resigned from the communications company and has been approved, and the labor contract of the labor dispatching company has also been lifted. He submitted an arbitration application to the local labor and personnel dispute arbitration committee, requesting confirmation and the labor dispatching company to terminate the labor contract, and asked the labor dispatching company to pay the economic compensation for the rescission of the labor contract.

The Arbitration Commission concluded that the employing unit could not directly dismiss the dispatched workers, and the employing units could not accept the resignation of the dispatched workers.

In this case, Chen submitted his resignation to a communications company which did not have a labor relationship, even if it was approved by the communications company, it would be invalid.

Finally, the Arbitration Commission did not support Chen's claim.