The reason for the employee's resignation is unknown. The unit and the employees say the word. Which party should I verify?

Legal knowledge points: In the practice of labor disputes, this situation often encounters this situation. It is for employees' departure. The units and employees have recognized that the labor relationship between the two parties has been lifted, but the reasons for the resignation have their own words. The unit's claim was illegally fired, and the unit claimed that the workers were leaving. How to assume the responsibility of proof in this case? Judging from the current laws and regulations, there are no relevant laws to regulate this issue.

Therefore, if such problems encounter such problems in judicial practice, from the judicial jurisprudence, most of the cases are deemed to be consistently terminated by the two parties to terminate the labor contract. Payment economic compensation. This identification is essentially a self -departure or dismissal. If it is unable to find out, the case is used for case treatment.

There are also local guidance on this issue. For example, Article 29 of the Minutes of the Guangdong Provincial Higher People's Court and the Guangdong Provincial Labor and Personnel Dispute Arbitration Commission on the trial of labor and personnel disputes stipulates that neither workers and employers can prove the reasons for the departure of the workers. It can be regarded as the employer's proposal and unanimously terminate the labor contract by the two parties, and the employer shall pay the economic compensation to the workers. This provision belongs to local judicial guidance. At present, this kind of problem is encountered in Guangdong Province. In order to better explain relevant legal issues, I will now share a related practice case for your reference.

Introduction to the case: The garden company sued Chen Moujia's labor contract dispute, and the garden company requested the order: not paying Chen Moujia from December 1, 2013 to December 6, 2013; Economic compensation for Chen Moujia to lift the labor contract is RMB 5755.83.

Case -related situation: The parties are controversial to the eighth item, and there are no disputes over the rest.

The eighth, the reason for the termination or termination of the labor relationship between the two parties: The garden company advocates that the reason for the departure is Chen Moujia for 4 consecutive days of absenteeism. According to the provisions of the labor contract and the employee manual, it is deemed to be lifted as an automatic resignation. The garden company has no signature of Chen Moujia in terms of the attendance table and employee manual submitted by its claims, and Chen Moujia does not confirm it, and the court will not accept it; The evidence of Chen Moujia was notified to proof that the above -mentioned claims were not adopted. Chen Moujia advocated that Chen Moujia verbally notified him to terminate the labor contract, but there was no evidence to prove it. Because both parties cannot prove the reasons for the departure of the workers, they are deemed to be proposed by the employer and unanimously terminated the labor contract by negotiation.

Results of the judgment: According to this, the court judged that the garden company paid Chen Moujia to the labor contract economy for RMB 5755.83 within ten days from the date of effectiveness of this judgment; the salary of RMB 376.32 from December 1, 2013 to December 6, 2013 was 376.32 yuan Essence

Lawyer commented: In this case, the garden company advocated that the employee Chen Moujia was absent from work for 4 consecutive days and was processed according to the self -departure. The employee Chen Moujia advocated that the garden company was verbally notified by the garden company, but neither the two parties had relevant evidence to prove it. Based on this, the court can only be regarded as the negotiation of the two parties to unanimously terminate the labor contract handling, and garden companies need to pay economic compensation to workers in accordance with the law.

From this case, it can be seen that in practice, the reasons for the actual resignation are very important. If employees violate the law and discipline, they do not require any compensation or compensation, and there is no evidence to prove it. Conversely, many employers in the practice of illegal dismissal employees do not give a written notice, which makes employees unable to verify, so that they cannot get compensation. Therefore, when leaving the job, no matter which party should try its best to obtain evidence to safeguard their legitimate rights and interests.

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