1, Work Handover Sheet
In the process of handing over the work, write the reason for leaving the job as "dismissal" on the work handover form, and try to get the seal of the unit or the signature of the legal person. Some people don't have a work handover form, so try to print it yourself. What you have must be the original, otherwise it is of little use.
Remember: make it in time and don't ask the company for compensation before making it. At that time, the company will be vigilant and it is unlikely to stamp.
2. Resignation certificate
Now looking for a new job, the new unit needs a resignation certificate, which is reasonable. It would be better if it could be explained that it was dismissed by the unit. If you can't write it, you can just write the fact of leaving. The unit will provide evidence of your reasons for leaving your job in the arbitration.
Step 3 record
Recording must be admitted to the main leaders of the company, especially the legal person, and other uses are not great. Be clear and complete.
Special reminder: pay attention to the timing of evidence collection. You should get the dismissal certificate within one or two days after receiving the notice of dismissal, and then talk about the economic compensation. Be sure to get this evidence when the unit is not too wary of you. Otherwise, the unit will be vigilant, and it will be difficult for you to get strong evidence. Therefore, it is suggested that you learn the knowledge of labor law or consult professionals in time when the dismissal warning occurs, and design a complete and thorough plan according to the actual situation to lay the foundation for your future claim.
In the case of dismissing employees in violation of discipline, the violation of discipline at this time is not necessarily a violation of the internal rules of the unit, but also the possibility of illegal crimes. At this time, it is legal for the company to dismiss employees, and employees cannot ask the company for compensation. If you have any questions in this regard, you can call our lawyer's online lawyer at 365 directly.
Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.