In practice, when many employees leave the company, the company's human resources department will require the employee to sign a resignation handover form or sign a resignation agreement. If you think that there is a dispute with the company, or a wage dispute, will you be supported and recognized if you sign this resignation handover form or resignation agreement and then apply for labor arbitration?
Today I will share with you this case, I hope to give you a warning for your work!The company information and personal information in the case are hidden and replaced, which is not true information and is for your reference only
The court of first instance held that the resignation confirmation signed by Li did not violate the mandatory provisions of laws and administrative regulations, and that the above-mentioned resignation confirmation was legal and valid, and that it was Li's disposition of his own rights, and had the effect of confirming and disposing of his rights and obligations during the existence of the labor relationship.
As a natural person with full capacity for civil conduct, Li Moumou should bear the corresponding legal consequences for his actions.
In addition, the evidence provided by Li XX was insufficient to prove that Company A owed him wages and other benefits, and there was no obvious imbalance of rights and obligations in the resignation confirmation signed by Li XX, so the court of first instance did not support the corresponding litigation claims made by Li XX.
Li Moumou was dissatisfied with the first-instance judgment and appealed to the second-instance court.
This court holds that the first paragraph of Article 35 of the Interpretation (I) of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that if the agreement reached between the employee and the employer on the dissolution or termination of the labor contract and the payment of wages, remuneration, overtime pay, economic compensation or compensation, etc., does not violate the mandatory provisions of laws and administrative regulations, and there is no fraud, coercion or taking advantage of the danger of others, it shall be deemed valid.
In this case, Mr. Li signed a resignation confirmation form on September 26, 2021, confirming that he had no objection to all the contents of labor remuneration after leaving on September 30, 2021, and agreed that he and Company A shall not claim any rights or pursue any responsibilities against the other party for any reason.
In this regard, this court held that the resignation confirmation form was an agreement reached by both parties under the true expression of intent, and did not violate the mandatory provisions of laws and administrative regulations, and Li Moumou had no evidence to prove that the signing of the confirmation form was fraudulent, coercive or taking advantage of the danger of others, so it should be found to be valid, and both parties should perform their obligations in accordance with the content of the confirmation form.
However, the resignation confirmation shall be an agreement on the rights and obligations that have occurred at the time of resignation, and shall not be binding on the rights and obligations that have not yet occurred between the two parties.
Therefore, the severance payment, deduction of wages and wages before September 2021 claimed by Li Moumou should be bound by the above-mentioned resignation confirmation form, and there is no dispute between the two parties, and Li Moumou's claim for relevant rights in this disputed matter is contrary to good faith, and this court does not support this.
The court of second instance ruled as follows, rejecting the appeal and upholding the original judgment.
Through this case, we can know that if you have a labor dispute with the company, we must collect reasonable and effective evidence in a timely manner, and we ordinary workers must have the awareness of labor risk prevention. Evidence collection recommends that you follow the following lines:
First, if the conditions are met, try to collect documentary evidence. For example, pay slips, copies of notices issued by the company, etc.
Second, in the absence of documentary evidence, some electronic evidence may also be collected. Such as email, WeChat chat history, recording, etc.
Thirdly, in the process of gambling with the company, you can mail your personal written opinion to the legal representative of the company in writing. This written opinion must be written on a legal basis, so that the sub-operation can be more effective.
No matter what kind of company we workers work in, it is possible to be laid off or laid off by the company. It is of great significance for us to learn a little more labor rights protection skills on our own occasions, which is of great significance to our career development.
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