Having resigned, why is the director still making compensation?
The Head of Human Resources has the right to quit one’s job or not?
Mr. Tran Van Duc (Yen Linh Lamp Joint Stock Company, Hanoi) asked the following question: “I signed a 24-month labor contract with the enterprise. want to resign I made an application to the Head of Human Resources and was approved by the Head of Human Resources for me quit one’s job.
A week later, the Director called me to say that the Head of Human Resources did not have the authority for me quit one’s job and asked me to pay compensation. I would like to ask is it right or wrong for the Director of the Company to ask me for such compensation?
Lawyer Pham Thanh Phuong – Deputy Director of XTVN Law Firm said that in fact, in the process of consulting law, she also encountered many cases like Mr. Tran Van Duc’s. Because of the lack of legal knowledge, many employees were sued by the company, or had to compensate the company.
Specifically, with Mr. Duc’s case, lawyer Pham Thanh Phuong said that Mr. Duc should review the document signing the labor contract between him and the company.
Mr. Duc can check if the person signing the labor contract with him is the legal representative of the enterprise (the director, or the person authorized by the director can be the deputy director or someone else). specifically who. Only the person who signed the contract has the right to agree for you quit one’s jobterminate the labor contract.
Therefore, if the Head of Human Resources Department is the person authorized by the Director to sign a labor contract with him, he quit one’s job is true, but if the Head of Human Resources Department is not authorized by the Director, Mr. Duc has unilaterally terminated the labor contract in contravention of regulations and must compensate for damage caused by quit one’s jobif any.
Notes when working voluntarily quit workunilaterally terminate the contract
The employee has the right to unilaterally terminate the labor contract, resignation according to Article 35 of the Labor Code 2019 but must ensure the following conditions:
Labor quit one’s job must notify the employer at least 45 days in advance if working under an indefinite term labor contract;
Labor leave must give at least 30 days advance notice if working under a definite-term labor contract with a term from 12 to 36 months;
Or quit one’s job but the employee must give notice at least 3 working days in advance if working under a definite-term labor contract with a term of less than 12 months. For a number of specific industries, trades and jobs, the notice period shall comply with the Government’s regulations.
The employee has the right to unilaterally terminate the labor contract, quit one’s job No prior notice is required in the following cases:
Failing to be arranged according to the right job, working location or not guaranteed working conditions as agreed, except in case of force majeure because production activities are affected by natural disasters, enemy sabotage…;
The employee is not paid in full or the salary is not paid on time, except for the case specified in the law on the mechanism of salary agreement;
The employee is abused, beaten by the employer or has insulting words and acts, affecting his health, dignity and honor; forced labor; being sexually harassed at work;
In addition, pregnant female workers can also unilaterally resign when having health problems, certified by a medical facility. Or employees who reach retirement age as prescribed by law with some hazardous occupations, unless otherwise agreed by the parties; The employer provides untruthful information as prescribed in Clause 1, Article 16 of the Labor Code about the work performed, affecting the performance of the labor contract.
at Blogtuan.info – Source: danviet.vn – Read the original article here