The application for resignation for 2 days was required to withdraw, and the employee claimed 300,000 and sentenced!

Zhang Damin joined a financial leasing company in Guangzhou on October 12, 2015 with his position as Deputy Minister of Risk Control.

On August 20, 2021, Zhang Damin submitted his resignation letter to the company's personnel department through the nailing system. On August 22, Zhang Damin explained to several directors and personnel supervisors of the company through WeChat, explaining that he decided not to resign, and asked to withdraw his resignation application and was rejected.

On August 23, 2021, the company sent a certificate of resignation to Zhang Damin and agreed with his resignation application. The last working day was August 23, 2021. On the same day, the labor relationship between the two parties was lifted.

On September 7, 2021, Zhang Damin applied for arbitration and asked the company to pay the illegal lift of the labor relationship with the economic compensation of 306763.08 yuan, and the Arbitration Commission did not support it.

Zhang Damin refused to accept and sued the court. Zhang Damin believes that on August 22, he explained to several directors and personnel supervisors of the company through WeChat on August 22 that he decided not to resign. The form of resignation letter from the unilateral termination of the letter of resignation should be the expression of the contract to terminate the contract.

The company did not agree with Zhang Damin's point of view, and believed that the resignation application was the right to terminate the unilateral part.

The first instance judgment: The workers do not need the company's consent when applying for resignation. If the intention of reaching the other party, the legal effect will occur.

The court of first instance believes that the right to lift the right is a right to form, that is, to reach the other party with the meaning of one party, it will have a legal effect, and it shall not be revoked, but the other party agrees to accept the rejection of the intention.

The right to choose a business for employees is a kind of protection given to workers by the Labor Contract Law. Therefore, the workers do not require the company's consent to apply for resignation. The certificate of departure is only a procedure for the departure procedures, which does not affect the realization of the right to terminate.

Zhang Damin had submitted a resignation letter to the company on August 20, 2021, which clearly stated that he would apply for resignation. The intention of his resignation has arrived in the company, and there is no evidence to prove that the Labor Contract Law is stipulated in Article 38 of the Labor Contract Law. The situation of being forced to be terminated, so the labor contract relationship between the two parties was actually lifted due to Zhang Damin's resignation, unless the company agreed to cancel the resignation application. Therefore, Zhang Damin asked the company to pay illegal lift to lift the labor contract compensation. Without facts and legal basis, the court of first instance did not support it.

The focus of the controversy in this case is whether the company constitutes an illegal termination. The court has identified Zhang Damin's initiative to resign, and the company does not need to pay illegal liberation of compensation for labor contracts.

Speaking of appeal: Submitting a letter of resignation is a sign of negotiating with the company to terminate the labor contract.

Zhang Damin refused to accept and appealed to the Intermediate People's Court. The reason is as follows:

1. On August 20, 2021, I sent a letter of resignation was not to exercise the right to terminate the labor contract unilaterally, but to negotiate with the company to terminate the labor contract. It is unbelievable to identify my right to resignation.

2. Even if my resignation letter is identified as exercising the right to unilaterally lift the labor contract, according to the sending time and withdrawal time of the resignation application, I should also be determined that I have withdrawn this meaning. The purpose of the labor law is to protect the workers.

Judgment of the second instance: The first instance judgment is legal and reasonable, and the reason is fully explained

The court of second instance believes that in accordance with the "Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 321 "The People's Court of the Second Trial shall be tried around the party's appeal request. No trial, but the first instance judgment violations of laws of law, except the provisions of the state interests, social public interests, and legitimate rights and interests of others. "The trial of the second trial case should be carried out around the scope of the parties' appeal.

Comprehensive defense opinions of the two parties, the focus of the controversy in this case is: how to unite the labor contract between the two parties, and whether the company should pay Zhang Damin's compensation for the lift of the labor relationship.

Regarding the focus of the dispute in this case, the court's analysis was as follows: Although the appellant filed a appeal in this case, during the trial of the court, the appellant had neither new facts and reasons, nor did it submit full and effective evidence to prove their claims. The court recognizes the court's analysis and determination, that is, the appellant's appeal request is not supported. The court of first instance identified the facts of the case based on the evidence of the debate and submitted by the parties, and made the first instance judgment based on the basis of this.

In summary, the appellant's appeal request must not be established, and it should be rejected; the judgment of the first instance determines that the facts are clear, the applicable law is correct, and it should be maintained. In accordance with the provisions of Article 177, paragraph 1, paragraph 1 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:

Reject the appeal and maintain the original judgment.

Source: Shandong Gaofa, Labor Lab

- END -