Recently, I have come into contact with several labor disputes, and I will tell you about some of the key points, try to pay attention to them in your work, and fight for the rights you deserve, otherwise your rights will be damaged due to your own negligence, and the law will not be able to help. One of the disputes was that the company issued a certificate of termination of labor relations, which should be determined by the employee to choose the reason for termination and sign for confirmation, but in the column of the reason for termination, the employee said that he did not write it when he signed, and it was later filled in by the staff of the unit, and the arbitration commission determined that the employee resigned and terminated the labor contract on his own initiative, resulting in the employee not getting a penny of economic compensation.
According to the provisions of the Labor Contract Law, after the expiration of the labor contract, if the employer maintains the original treatment or raises the salary, and the employee is unwilling to renew the labor contract, the employer is not required to pay severance payment. If the employer does not want to renew the contract with the employee, it needs to pay severance to the employee, and the severance shall be paid to the employee according to the number of years of service in the employer, and the employee shall be paid one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.
The proof of the employee's unwillingness to renew or the unit's unwillingness to renew is in **, in addition to special written information, which is mainly reflected in the reason for terminating the labor contract. If the reason for termination shows "resignation due to personal reasons", it means that the employee is unwilling to renew the contract, and the natural employer does not need to pay severance payment.
Therefore, when signing the materials issued by the employer, it is necessary to pay attention to whether there is a blank space to be filled, once the signature is confirmed but left blank, there will be the following risks: the adjudication agency will find that the employee, as an adult, has tacitly allowed the employer to fill in the blank space when he knows that there is a blank content. Some people may say, I don't see clearly, who filled in the appraisal, or when the appraisal was filled. In the event of a dispute over the amount of economic compensation at a later stage, the arbitration commission will only determine the objective facts through the evidence presented by both parties, rather than the original facts that occurred at that time.
According to the existing identification technology, China's top public security technical investigation departments can identify the handwriting difference of about 3 months, and the general identification agency can only identify the handwriting difference of 5 years. Therefore, do not pin your hopes on the final appraisal, and carefully sign the "Certificate of Termination of Labor Relationship".