When faced with dismissal, employees need to understand their rights and protect their legitimate rights and interests. Here's what employees need to be aware of when they're fired off:
Clause. 1. You cannot sign the resignation application form. If the employer dismisses you, the employer should issue a notice of termination of the labor contract to the employee, instead of the employee writing a resignation application.
When an employee is dismissed from the company, he or she should not sign the resignation application form. According to the Labor Contract Law, the employer shall issue a notice of termination of the employment contract to the employee, instead of requiring the employee to submit an application for resignation on his own. Employees should pay attention to keeping relevant documents in order to protect their legitimate rights and interests in the future.
Clause. 2. Notice of termination of labor contract. It is issued by the unit to the employee, and the employee's signature is not required. If you are asked to sign, only write the original and the content that has been received is not recognized.
After receiving the notice of termination of the labor contract, the employee does not need to sign the notice for confirmation. If the employer requires the employee to sign to confirm receipt of the notice, the employee can indicate "the original has been received, the content is not recognized" in the signature area to protect their legitimate rights and interests.
Clause. 3. Proof of resignation. If the resignation certificate states that there is no dispute between the two parties, you have to bring it up at this time, and you have a dispute with the employer, because the employer dismisses you and you do not agree.
When receiving a separation certificate, employees should carefully check the contents of the certificate. If the resignation certificate contains the content of "there is no dispute between the two parties", the employee should raise an objection and make it clear that there is a dispute with the employer, because the employee's dismissal by the employer is not recognized. Employees can request that the certificate of separation be amended to reflect the true situation.
Clause. Fourth, the resignation handover order. It is also necessary to read clearly, if the two parties have reached a consensus, debt disputes, etc., they cannot be signed at this time.
When signing a handover form, employees need to carefully review the contents of the handover order. If the handover slip contains "both parties have reached an agreement", "debt dispute", etc., the employee should not sign for confirmation. Employees can refuse to sign handover orders containing false content to protect their legitimate rights and interests.
Clause. 5. Agreement on termination of labor contract. The agreement on the termination of the labor contract is signed by mutual agreement between the two parties. If the company unilaterally dismisses the employee, there is no question of signing a termination agreement.
When an employee is dismissed and resigns, if the employer unilaterally terminates the employment contract, the employee shall not sign an agreement to terminate the employment contract. This is because the termination agreement should be the result of mutual agreement, rather than unilaterally forcing the employee to sign it. Employees have the right to refuse to sign an unreasonable termination agreement.
In short, when an employee is dismissed, he or she should remain calm, understand his or her rights, and protect his or her legitimate rights and interests within the scope of the law. At the same time, employees can seek legal assistance to protect their legitimate rights and interests.