What if an employee leaves without saying goodbye?

What if an employee leaves without saying goodbye? 1, issue a notice of dissolution of the labor contract in violation of discipline.

2. Send a notice requesting to handle the work handover and social security transfer. In practice, the requirements must be handled in person, and some employees are far away. Sorry, they will come back to deal with it themselves. Otherwise, it will not be handled for you. In fact, this is not innovation. The civil procedure law itself also stipulates the principle of reciprocity.

Before leaving his job, he didn't go through the resignation formalities, and the human resources department contacted him in many ways to urge him, but he ignored it. In this case, how should the company terminate the labor relationship with it according to law? Please advise colleagues who have experience in this field. Thank you very much [Special consultant Miao Qiwei replied:] It is a headache for employees to leave without saying goodbye. Many companies believe that if the company wants to fire employees at any time, it should pay one month's salary as a substitute notice, and correspondingly, if employees leave their jobs at will, they should pay one month's salary as compensation. However, contrary to expectations, Article 26 of People's Republic of China (PRC) Labor Law provides legal support for dismissing employees by paying alternative wages, and there is no legal basis for employees to pay compensation temporarily. A bigger misunderstanding is that a company must meet three statutory conditions (Article 26 of the Labor Law) before it can issue a notice of dismissing its employees, which is often ignored by many enterprises. Many people are confused and can't deduct money. Isn't it conniving at employees leaving their jobs at will? The answer is no, of course. First of all, Article 4 of the Measures for Compensation for Violation of the Labor Law of the Ministry of Labor stipulates: "If a worker terminates the labor contract in violation of the regulations or the labor contract, causing losses to the employer, the worker shall compensate the employer for the following losses: (1) The expenses paid by the employer for recruiting and hiring personnel; (two) the training fee paid by the employer, if otherwise agreed by both parties, shall be handled according to the agreement; (3) Direct economic losses caused to production, operation and work; (4) Other compensation expenses agreed in the labor contract. " It is a typical violation of regulations or the termination of the labor contract to leave the company at will without notifying the unit 30 days in advance. Therefore, if the unit suffers losses, it can claim compensation from the workers. Secondly, for employees who are eager to leave and ignore the labor contract, the employer can refuse to go through the resignation procedures within 30 days. Considering that the social security accumulation fund can't be paid for nothing, the company can issue a withdrawal slip for employees, withdraw social security and seal the accumulation fund in the company account, but the employee's copy and labor manual will not be handed over to the employee within 30 days. This will have a certain impact on his work in the next unit as a punishment. After 30 days, employees will be notified in writing to collect the above information. Of course, the author admits that the above methods have great limitations, and the strength seems to be insufficient to deter employees from ensuring the legal performance of labor contracts. Claims need to prove the unit's own losses, and the burden of proof is greater. Litigation is often not worth the loss. Refusing to resign is still useful for employees with local household registration, but it has no effect on foreigners and employees who resign as bosses in this case. In practice, for important employees, the employer should skillfully combine the confidentiality period with liquidated damages to prevent employees from leaving without authorization. The problem of employees leaving without saying goodbye has attracted enough attention from the legislature. Article 57 of the Labor Contract Law, which is being formulated, stipulates: "If the employee fails to notify the employer in advance according to the time limit stipulated in this law, that is, the labor contract is terminated, the employee shall pay compensation to the employer at twice the monthly salary standard." It can be predicted that in the near future, employee resignation will be more reasonable and standardized. (End)

Workers leave without saying goodbye is an act of voluntary resignation. You can notify them in writing to work within a time limit, and after publicizing their working time limit, you can go through the formalities of dissolving the labor contract relationship after 15 days of publicity is fruitless.

Leaving without saying goodbye is absenteeism, and the company can't help it. The employee's salary may not be given to them, or the resignation formalities may not be handled, but people still have to continue to recruit, so there is no such employee.

What should enterprises do for employees who leave without saying goodbye? The employee left without saying goodbye for three months and then left the company. The resignation process is as follows:

1. In principle, employees should submit a written resignation report to the Personnel Administration Department 30 days in advance and 3 days in advance of the probation period to receive the resignation form. The HR & Administration Department conducts exit interviews for employees who have left the company, to find out the reasons for their departure and make records.

2. Handle relevant formalities according to the resignation form;

(1). The resigned employee shall submit the Resignation Application Form to the department head for signature. The position above the department head needs the signature of the general manager.

(2) The employee's work permit, employee handbook, work clothes and office supplies shall be recovered from the employee by the assistant of the department to which the employee belongs, and signed by the assistant after confirmation.

(3) The Finance Department shall check whether there is any financial default (including loan and business trip reimbursement) for the resigned employees and the company. If there is any default, it shall be repaid on the spot. If there is no default, it shall be signed by the Finance Department for confirmation.

(4) After the employee completes all required signatures on the resignation form, the personnel administration department will issue a certificate to the employee to dissolve or terminate the labor contract.

(5) The personnel administrative department arranges personnel to go to the unemployment insurance agency to handle the termination and dissolution of labor relations for the record; With the audit opinion for the record, terminate the employee's social insurance relationship with the social insurance agency; At the same time, seal the provident fund of the resigned employees. If the resigned employee needs to transfer the provident fund, the personnel administration department will transfer it according to the new account provided by him, and if it is necessary to withdraw it, the employee will handle it himself.

(6) The personnel administrative department shall, within fifteen days from the date when the employee terminates the labor relationship, go to the unemployment insurance agency to handle the unemployment insurance benefits audit procedures.

(7) The personnel administration department will re-file the files of the resigned employees and settle the wages at the same time.

According to the provisions of the Labor Contract Law of People's Republic of China (PRC),

Article 36 The employing unit and the employee may terminate the labor contract through consultation.

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 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.

Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.

The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.

What should the employer do if the employee leaves without saying goodbye? First of all, the company should issue a notice through newspapers, television, radio, internet and other media as soon as possible, ordering the employee to return to work, or improving the procedures for terminating the contract. If the employee fails to return to the company within a limited period of time, both parties will terminate the labor contract and the enterprise will not pay economic compensation.

Secondly, enterprises should properly keep employees' files and labor insurance procedures. In order to hand it over to employees or relevant institutions for safekeeping in time. But employees should be given a buffer period to return to the company, such as 5- 10 days. Once the employee fails to return to the company after the expiration of the term, it can be regarded as the termination of the labor contract relationship between the two parties.

How to deal with employees not returning to work without saying goodbye? Many enterprises regard employees' behavior as automatic termination of labor contracts or automatic resignation, but there are often legal risks in doing so. Many cases in practice show that the court does not necessarily support the so-called "automatic termination of labor contracts" or "automatic resignation". The phenomenon of employees leaving without saying goodbye is very common, and it is also one of the difficult problems in the management of enterprise labor relations. Try to analyze the phenomenon that employees leave without saying goodbye as follows:

1. Can the labor contract be automatically dissolved?

Articles 36 to 4 1 of the Labor Contract Law clearly stipulate the way to terminate the labor contract. There are three ways to terminate the contract, namely, employees unilaterally terminate the contract, both parties negotiate to terminate the contract, and enterprises unilaterally terminate the contract. There is no automatic termination of labor contract in law. "Being regarded as automatic termination" is probably just the wishful thinking of the enterprise.

Second, is "automatic resignation" really "automatic" without operation?

The rules and regulations of many enterprises stipulate that employees leave their jobs automatically without saying goodbye, thinking that enterprises can leave him alone. So, is "voluntary resignation" equivalent to the termination of the labor contract?

To solve this problem, we must first understand the meaning of "automatic resignation" and "automatic resignation".

The former General Office of the Ministry of Labor made an explanation in the Reply on How to Define Voluntary Resignation and Absenteeism (Lao Ban Fa [1994] No.48). Although it is an earlier provision, it at least clarifies the meaning of "voluntary resignation".

The reply is clear: 1, "automatic resignation" refers to the behavior of employees leaving without authorization; 2. If an employee leaves his post without the approval of the enterprise, the enterprise will deal with it automatically, which means that the enterprise should remove his name according to the relevant provisions of the Regulations on Rewards and Punishment for Enterprise Employees. Therefore, disputes arising from voluntary resignation should be treated as delisting disputes.

From this reply, we can see that "automatic resignation" is not "fully automatic" resignation without operation, let alone "semi-automatic"! Still need manual operation! After the employee "voluntarily resigned", the labor contract was not actually terminated, and the enterprise still needs to remove the employee according to the relevant provisions of the Regulations on Rewards and Punishment for Enterprise Employees. Of course, now that the reward and punishment regulations have been abolished, it should be replaced by the need for enterprises to terminate labor contracts in accordance with the Labor Contract Law.

So "automatic resignation" is not "automatic", but a misleading name!

3. What about employees who leave without saying goodbye (or leave voluntarily)?

From the above analysis, we understand that "voluntary resignation" is only a state of temporary resignation, not the termination of the labor contract. How to go on in the end depends on the wishes of both employers and employees. But the employees didn't say, what should the enterprise do?

It is suggested that enterprises should operate in three steps:

1. When employees leave without saying goodbye, they should first send a reminder letter to their pre-confirmed address, urge them to return to the company to work normally, and inform them that they need to go through the formalities of asking for leave in case of special circumstances and submit relevant evidence to inform them of the consequences of failing to return after the deadline. This is an act based on management responsibility. An employee didn't come to work. As a manager, enterprises also need to ask from the perspective of humanistic care.

2. If the employee fails to return within the specified time limit after the reminder letter is issued, the decision to terminate the labor contract shall be made in accordance with the provisions of the company's rules and regulations (the absence reaches a certain number of days to terminate the labor contract). If there is an enterprise that has established a trade union, remember to inform the trade union before termination.

3. Mail the Notice of Termination of Labor Contract to employees, and indicate on the express list that the documents sent are Notice of Termination of Labor Contract.

The above operations not only fulfill the management responsibilities of the employer, but also fulfill the relevant procedures for dissolving the labor contract, thus avoiding the legal risks of uncertain labor relations or illegal dismissal.

4. Can the company deduct wages when employees leave their jobs automatically?

Many HR people have asked me this question, and I can only tell you this: salary is the labor reward that employees get for providing labor, and how much they have to pay for how many days they work. You can't "confiscate" unpaid wages just because employees leave their jobs automatically. If the company terminates the labor contract in the above way, according to Article 9 of the Interim Provisions on Payment of Wages, the employer shall pay the employee wages in one lump sum when the labor contract is terminated or dissolved. Of course, if the company has not terminated the labor contract, it can wait until the salary payment date. If you agree to transfer payment, you can remit it directly to your account. If there is no agreed transfer method, employees can be informed that they can come to the company to receive wages by mailing to the address confirmed by employees. Only when there are obstacles to the payment of wages (no salary card, no contact with me) can the employer suspend the payment of wages.

From the perspective of risk control, the employer shall promptly notify the workers to come and receive wages. If the laborer fails to receive the salary according to the notice, the employer shall not bear the responsibility of wage arrears according to law.

There are also many companies that believe that if the company wants to dismiss employees at any time, it should pay one month's salary as a substitute notice, and correspondingly, employees who leave at will should also pay one month's salary as compensation.

However, contrary to expectations, Article 26 of People's Republic of China (PRC) Labor Law provides legal support for dismissing employees by paying alternative wages, and there is no legal basis for employees to pay compensation temporarily. A bigger misunderstanding is that enterprises must meet the statutory conditions for dismissing employees in advance (Article 40 of the Labor Contract Law), which is also easily overlooked by enterprises.

Many personnel managers wonder, money can't be deducted, isn't it condoning employees to leave at will? The answer is of course no.

5. Should the losses caused by employees' voluntary resignation be compensated?

This is definitely no problem. The former General Office of the Ministry of Labor held in the Reply of Enterprises on Dealing with the Problem of Employees' Unauthorized Resignation (Lao Ban Fa [1993] No.68) that if employees leave without authorization and cause losses to enterprises, they shall be ordered to give certain economic compensation to enterprises, depending on the size of the losses caused to enterprises. Article 37 of the Labor Contract Law makes it clear that employees need to notify the company in advance to terminate the notice. Article 90 stipulates that if an employee terminates a labor contract in violation of the provisions of the Labor Contract Law and causes losses to the company, he shall be liable for compensation. However, it is difficult to operate in practice, and it is difficult for enterprises to prove how many losses have been caused by employee resignation. To say the least, even if the enterprise wins the lawsuit, it may not get the money. It is much more difficult to execute personal property than enterprise property!

The "Labor Contract Law" stipulates the liability for compensation for the losses caused by the illegal termination of the labor contract, but the employer has not filed a lawsuit, which obviously has no practical significance. Because the litigation cost is not proportional to the litigation income. On the other hand, it is not the case that employees leave without saying goodbye, so the employer can't limit this behavior by setting liquidated damages.

According to Article 4 of the Measures for Compensation for Breach of Labor Contract by the Ministry of Labor, if a laborer terminates the labor contract in violation of these regulations or the labor contract, causing losses to the employer, the laborer shall compensate the employer for the following losses:

(1) Expenses paid by the employer for recruitment;

(2) The training fee paid by the employer shall be handled as agreed by both parties;

(3) Direct economic losses caused to production, operation and work;

(4) Other compensation expenses agreed in the labor contract.

For the employer, the calculation method and approximate amount of losses agreed in the labor contract in advance do not conflict with the current legal provisions. For example, if it is stipulated in the labor contract that the employee leaves the company without prior notice, the loss of the company will be converted according to the date of notice and deducted from the salary of the last month as the cost for the company to find someone to fill the post.

Some HR people have asked whether it can be directly stipulated in the labor contract that employees can compensate the company for one month's salary without prior notice. The idea is very good, which can save the trouble of proof, but it is generally not supported in practice, because it is equivalent to the agreement of liquidated damages, and the labor contract law has strict restrictions on the agreement of liquidated damages, and only stipulates that it can be agreed in two cases.

6. After the employee leaves his job automatically, he comes back to ask for the resignation certificate. Can they refuse?

In practice, many employers do not issue resignation certificates because workers leave their jobs without authorization, causing losses to the company, or failing to fulfill the obligation of job handover. Then, can the employer defend on this ground?

Article 50 of the Labor Contract Law stipulates that when an employer dissolves or terminates a labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.

Judging from the above legal provisions, it is the legal obligation of the employer to issue a certificate of resignation. The reason for the termination of the contract and whether it is handed over or not is not a prerequisite for the company to issue a resignation certificate. Therefore, the employer cannot refuse to issue a resignation certificate because the employee has not handed over the job. Unless the company argues that the labor contract has not been terminated and the employee has no evidence to prove that the contract has been terminated, there is no need to issue a resignation certificate.

How to deal with employees who "leave without saying goodbye" shall be handled according to company rules and regulations. If the corresponding number of absenteeism days is reached, the labor contract can be dissolved according to law.

Why do good employees leave without saying goodbye? It is convenient to check the salary now. ATM machines, internet access and mobile phones can all check whether the account has been received. They don't even say hello, or even have any warning in advance, and the department is bound to be passive in staffing. Inform the rest employees to come back to work overtime, otherwise the management personnel will take over, which will make you very anxious. As for recruiting new people, it is far from a drop in the bucket, and it takes a month to change the reality of job vacancies. This phenomenon didn't appear today. It has existed in our memory for more than ten years, and the number has not increased greatly, with an average of two or three per month, but it has undergone subtle changes at the level, which has attracted my attention. In the past, this kind of "out of thin air" resignation was basically concentrated on employees with poor performance or average performance, because they performed in general, were treated in general, and were taken care of by their superiors. They think that wanting a hotel is like dispensation, and it doesn't matter if one is missing. If I leave here, maybe there will be a new world. I'm not who I am today. After a long time, we also summed up some experience. This kind of person who is usually unknown is easy to disappear, so be prepared psychologically. Once it does happen, it won't be too sudden. Of course, from the perspective of management, we also need to reflect on whether we should pay enough attention to what we should pay attention to, rather than what we should cultivate. Although no hotel can pay attention to everyone and cultivate everyone, it can at least give people a feeling of paying attention to him and cultivating him. It shouldn't be difficult to spend some time on it. Now the problem is troublesome, the performance is good or even very good, and the best employee of the year in the hotel has also started an imitation show and disappeared without saying a word. This is a great blow to the personnel management of the department, not to mention the grassroots backbone itself plays a leading role in the front line. One less person means one less customer service expert, and it will take at least one or two years to train another person. At the same time, there will be faults in the talent echelon of the department, and there will be insufficient candidates for foreman and supervisor in the future. In addition, the psychology of other employees in the department is also prone to fluctuations. All such excellent employees have left. Is there anything wrong with the hotel? You have to spend a lot of saliva to explain, and it may not be effective. Through the investigation, we found that apart from getting a higher position, better treatment and greater development opportunities, resignation talk turned out to be the main reason why they chose to leave without saying goodbye. It is understandable that people pursue development. Basically, our managers have skipped the slot once or twice, and there is no need to block the wealth of the younger generation. This is accepted by everyone. "Colleague" is only the interpersonal relationship between people in a certain historical stage. It can't last a lifetime, but the relationship between peers or friends can last for a long time. Why don't you want to say it when you don't have a chance to hide it? They said they couldn't stand the conversation of the department manager. Once I leave my job, at least ten people in the whole department will come to talk to me. Let me think this, let me think that. After the department finished talking, the human resources department talked to me again, and the general manager of particularly important personnel also talked to him. The people who should talk are almost finished, and the salary should be paid next month. Opportunity waits for no one! I must apologize to everyone. I will say I'm sorry when I leave. I really can't stand the emotional offensive of leaving the conversation! It turns out that we all think that leaving without saying goodbye is an irresponsible employee behavior, especially after 1980s and 1990s. What hotel management should do is to constantly cultivate their sense of responsibility and be a responsible corporate person and social person. But are these good employees completely irresponsible? Not exactly. It takes about a month for the average person to complain about leaving his job. They can't wait, so they might as well get paid and leave and contribute ten days' salary this month to the hotel. The hotel can review this and see if it can shorten the time. Of course, the necessary handover procedures cannot be saved. Personally, I think that the experience of some good employees is often caused by the low level of resignation talks of some department managers. Resignation talk is a confidential talk involving employees' personal privacy, generally no more than three people, including direct supervisor, department head and human resources department. The more people participate in the conversation, the more likely it is to cause a storm in the city. Whether employees leave or not is not a problem. Too many people are reluctant to leave. In the future, everyone will still be in the same industry, and it will be awkward to meet. If you don't leave, good people will ask you, oh, you didn't leave after all. Do you want to get more attention from the leaders? Besides keeping secrets, you also need considerable skills. Whether you are coaxing or sincere, you have to find out the real reason why he chose to leave. Many of our managers often don't even know where people are going, so they sit down and blow from BC to the end of the world. In short, if you don't leave, you will give me face. If you leave, we will be enemies. Did it work? It takes a certain level of people to talk to good employees, because the good employees you think are often the hot cakes in the eyes of competitors, and others must have given them generous treatment. If the speaker does not have enough authority, only emotions, only nonsense, and no convincing commitment, employees will not listen. If I had known this, I might as well not talk about it and waste your time and feelings. The direct boss should mainly know the reason why he left and the real destination, but the expectation of the effect should not be too high. Employees who intend to leave their jobs usually don't like telling the truth to their immediate superiors for fear of jealousy. Nowadays, young people are very smart. They will think, you are my foreman, and if I jump out to be the supervisor, will your heart be balanced? Building mutual trust is the main purpose of this talk. Talking with the head of the department can often give the resignee a certain promise, and it is very important to ask the general manager for instructions as soon as possible when exceeding his authority. If necessary, the general manager can also attend in person. The people-oriented concept is to find ways to retain as many talents as possible. As a relatively impartial third party and bystander, the human resources department is also very important. Some contradictory employees in some departments are afraid to tell their leaders. The human resources department can play the role of a listener, help them open their minds, and then guide all departments to improve their interpersonal relationship and management level. Even if employees finally leave, it's not too late to mend. If only these three types of people participate in the resignation talks and pay attention to confidentiality, they can usually get certain results, and some people who can or can't leave can stay. Of course, except those who are determined, after all, leaving the conversation is not everything. If a good employee decides to stay, everyone involved in the conversation should forget what everyone said, go into battle lightly and get back to work, but the promise made by the hotel must be implemented in time, otherwise no one will believe it in the future. Read more related knowledge and return to the list of management work columns.