Employee Turnover Requires Careful Signing Of The Resignation Form.

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 later, wages are late, and no reply can be obtained by calling the hotel.

In desperation, Zhang Yu worked at the local community.

The Arbitration Commission applied for arbitration and asked the resort to pay 1 months' salary before departure.

The Arbitration Commission held that the resort hotel should bear the burden of proof on its payment of Zhang Yu's wages.

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 workers, fill in the standard resignation application form, be careful and careful, check the reasons for leaving office, and settle accounts directly.

Once signed, the standard leave application form which is harmful to one's rights and interests will become passive and face huge legal risks.

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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, the drafting clause is 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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Not long ago, a resignation letter from a female teacher in a middle school in Henan said, "the world is so large that I want to see it." after the explosion on the Internet, many resignation letters of "wonderful flowers" resigned in the media.

In recent days, two female employees from a network media and a newspaper office, with the exception of "my chest is too big, I can't pretend to be here" and "Whoever can do it, I will not be there." as the reason for resignation, the public's attention is once again aroused.

As a result, in the face of a variety of resignation letters, more and more workers want to write a letter of resignation on the grounds of resignation, so as to highlight their individuality.

So, do different reasons for resignation affect workers? From the legal point of view, what are the points for workers to quit voluntarily? This reporter consulted Liang Feng, senior partner of Jincheng Tongda law firm and director of Specialized Committee, labor and social security law of Beijing Lawyers Association.

Liang Feng lawyer pointed out that according to the labor contract law, the worker can notify the employing unit in writing thirty days in advance, and the labor contract can be terminate.

If in the probation period, the worker can inform the employing unit three days in advance, he may rescind the labor contract.

From this provision, the subtext can be read out: the worker can notify the employer in advance according to the law, that is, he can terminate the labor contract with him, and there is no precondition for the approval of the employer.

That is to say, in theory, it is not a prerequisite for the dissolution of the labor contract to approve the resignation of the employer as early as possible.

Nevertheless, it does not mean that the resignation of laborers can be made freely and willfully.

For example, when the employee was in office, the employer paid special training for him, and the two sides agreed on the service period.

If a worker proposes to resign during the service period, the employer shall bear the liability for breach of contract, bear the loss of the training expenses paid by the employer, and the worker shall notify the employer to terminate the labor contract thirty days in advance (within three days of the probation period), notify the employer to terminate the labor contract, or leave the employer in advance according to the law. However, if there is any obligation that fails to fulfill, such as the duty to perform the handover, the employer shall bear the corresponding compensation liability for causing direct economic losses to the employer.