Grassroots lawyers also have spring

Chapter 506 Legal Effect of Resignation Letter
Just as Wang Chuan was about to leave the law firm and go back, the senior manager of the hotel called and asked him to come over tomorrow and had a case to consult.

Wang Chuan's heart moved, and the God of Wealth beckoned, he must have business!For a while he was excited.

Early the next morning, Wang Chuan came to Manager Gao's office.

"Lawyer Wang, please come here this time. One of our hotel employees wants to consult you about resignation. In addition, my colleague wants to consult you about some personal matters." Manager Gao and Wang Chuan sat face to face on the sofa.

"Okay, shall we talk about business first? Or private first?" Wang Chuan was excited inside, but calm on the surface.

"Let's talk about business first. My colleague won't be here until a while later." Manager Gao said.

"Well, yes. Tell me!" Wang Chuan said.

"There is a female employee in our hotel who has not been doing very well. Later, I asked the HR department to talk to her and persuade her to quit. After the chat, she agreed to resign and submitted a resignation letter to the HR department.

But she didn't know what she was thinking. The next morning, she went to the personnel department again, saying that she wanted to see if there was any important information missing from the resignation letter she submitted.

The Personnel Commissioner thought you could just read it. Anyway, they all offered to resign, so they found out the resignation letter. As soon as it was given to her, she tore up the resignation letter!And also told the personnel commissioner that she would not leave her job.

Just when the personnel officer was astonished, she turned around and ran to the toilet, threw the torn letter of resignation into the toilet and flushed it away!

At that time, the personnel officer was so shocked that she didn't know what to do. It was the first time she encountered such a strange thing, so she told the personnel director about the situation.After I learned about the situation, I found it difficult, so I called you to come over and give me an opinion.

Lawyer Wang, I know that you are not our hotel's perennial legal advisor, but I believe in your professional ability in labor law more than our hotel's perennial legal advisor.So..." Manager Gao looked a little embarrassed.

"Manager Gao, don't think too much. Since we know each other so well, even if I'm not your hotel's perennial legal counsel, I'd like to give you some advice if you ask me." Wang Chuan smiled.

He knew that the hotel's perennial legal advisor was appointed by the higher-ups, and Manager Gao had no right to make decisions, but judging from today's events, if the hotel had labor issues, Manager Gao was still more willing to consult him.

Because the labor problems that the hotel's perennial legal consultants could not solve before were all solved by Wang Chuan, Manager Gao believed in Wang Chuan even more.

Wang Chuan also believes that if there is a labor dispute case, Manager Gao will immediately recommend him to handle it. This is exactly what Wang Chuan wants!

"Thank you! Thank you for understanding!"

The perennial legal consultant's money was held by other lawyers, but Wang Chuan was asked to do the work. Manager Gao knew that this was unfair to Wang Chuan, but he had no choice but to treat Wang Chuan from other aspects (such as the case) Give support.

"Actually, the matter you mentioned is easy to resolve. From a legal point of view, resignation is a form of right. Once the employee's resignation notice is delivered to the hotel, the resignation will become legally effective. Regardless of whether the hotel agrees to the employee's resignation, the labor relationship will be terminated.

However, in practice, if the employee submits a resignation application, it is different. For example, if the employee submits a resignation application, the labor relationship is to be terminated after [-] days.

There are differences in this situation in the theoretical circles. Some people think that the resignation application can only take effect after the employer approves it, and some people think that the resignation application is the same as the resignation notice, which is the right to form and takes effect immediately.

Of course, this situation is meaningless in the case of your hotel, because the employee submitted a letter of resignation.

The only question now is whether the other party admitted to submitting the resignation letter, and what evidence does the hotel have to prove that the other party submitted the resignation letter. " Wang Chuan explained.

"Oh, I see. That is to say, as long as the employee submits the resignation letter, no matter whether she destroys the resignation letter or asks to revoke the resignation later, it is invalid. The labor relationship is terminated when the hotel receives the resignation letter ! Right!" Manager Gao said.

"Yes, that's what it means. But if the other party destroys the resignation letter, the hotel needs to provide evidence to prove the fact that the other party has proposed resignation!
If there is no evidence and the other party refuses to admit it, the hotel will be very passive once it makes a dismissal notice!Faced with the risk of illegal termination of labor relations. "Wang Chuan reminded.

"Well, the evidence is easy to handle. After the employee tore up the resignation letter, the personnel director recorded a conversation with her. The other party admitted to submitting the resignation letter, then tore up the resignation letter and threw it into the toilet, and claimed that she withdrew the resignation letter.

In addition, the hotel also has a copy of the resignation letter, which was copied by the personnel specialist when the employee submitted the resignation letter. " Manager Gao said.

"The other party is very likely to deny the validity of the copy of the resignation letter. In addition, the identity of the other party must be clarified in the recording. If the recording is clear, I think the risk of the hotel sending her a labor termination notice is basically controllable!" Wang Chuan said.

"Well, our hotel definitely doesn't want this employee anymore. Please come here mainly to assess the risks. Thanks for your hard work, Lawyer Wang!"

After finishing speaking, Manager Gao seemed to suddenly think of something, and immediately asked: "Lawyer Wang, I also want to ask, if the employee resigns [-] days in advance, as you just said, do we have to wait until [-] days to resign?" Ten days to let him go? If we don't want to use this employee."

"That's not necessarily true. It is a labor law requirement for employees to resign [-] days in advance, mainly to allow time for the employer to arrange for other employees to take over the resigned staff's work.

If the employer has sufficient personnel, it can directly let other employees take over the work of the resigned employee. There is no need to wait until the expiration of the [-]th day. As long as the employee proposes to resign, the employer can go through the handover procedures and let the employee leave.

In fact, sometimes employers also have concerns, fearing that employees who continue to work after submitting a resignation application will affect the enthusiasm of other employees and disrupt the work order.Therefore, many companies will not wait until the [-]th day expires before letting employees go. "Wang Chuan said.

"We have encountered this kind of situation. After the employee proposed to resign, he did not come the next day. He did not leave time for the hotel to find someone to replace him. Some even did not hand over. This made our hotel more passive Can we demand compensation from the other party?" Manager Gao asked.

"In principle, if the employee resigns without notifying the employer [-] days in advance, the employer can claim compensation for the loss caused to the employer.

However, in practice, it is difficult to prove the loss of the employer, and it is also difficult for ordinary positions to cause actual losses to the enterprise, so there are very few disputes in this regard.Even if most of them are lost by the employer, the main difficulty is to prove the loss. "Wang Chuan said.

"Understood!" Manager Gao nodded and said, "By the way, the other party has appealed the case between Allen and Guangdong Province Restaurant, and the results of the second trial are coming soon, right?"

(End of this chapter)