MBA微课:How does the company handle an employee's verbal resignation?
How does the company handle an employee's verbal resignation?
中国经济管理大学/中國經濟管理大學
员工口头提出离职,公司如何处理?
Case : How does the company handle an employee's verbal resignation?
刘某是某单位一名优秀员工,但因为长期中午不能按时吃饭的问题和主管在单位起了争执。事后刘某找上级领导理论,上级领导听后非但没有公平的处理这件事,反而说这位同事这么做非常不对,还要严肃处理她。她一气之下口头提了离职申请。后来,主管和上级领导希望刘某能够留下来。人力资源部找刘某沟通,刘某很后悔。那么,本案例中,刘某口头申请离职是否生效,公司如何处理?
知识点:离职管理,为规范员工离职的过程,保证日常工作和生产任务的连续性,确保公司和离职工的合法权益,做好重点员工慰留,离职面谈,工作交接,人员招聘,离职后管理的整个过程。对于离职申请,试用期内,员工提前3天即可;正式员工应提前1个月,提出申请。
Liu is an excellent employee of a certain unit, but he had a dispute with his supervisor at the unit due to the problem of not being able to have lunch on time for a long time. Afterwards, Liu consulted with his superiors and found that they not only did not handle the matter fairly, but also said that this colleague's actions were very wrong and that they needed to deal with her seriously. In a fit of anger, she verbally submitted her resignation application. Later, the supervisor and superiors hoped that Liu could stay. The Human Resources Department contacted Liu for communication, but Liu regretted it. So, in this case, does Liu's verbal application for resignation take effect, and how does the company handle it?
Knowledge point: Resignation management: In order to standardize the process of employee resignation, ensure the continuity of daily work and production tasks, and ensure the legitimate rights and interests of the company and departing employees, it is necessary to carry out the entire process of key employee consolation, resignation interviews, work handover, personnel recruitment, and post resignation management. For resignation applications, during the probationary period, employees can apply 3 days in advance; Regular employees should submit their application one month in advance.
员工履历有虚假成分,公司是否可以解除劳动合同关系?
Case : Can the company terminate the employment contract relationship if the employee's resume contains false information?
某集团招聘 1 名分公司总经理,猎头公司推荐了刘先生,刘先生顺利通过了试用期,成为公司的正式员工。后来,刘先生的工作出现绩效下滑等问题。同 时,人力资源部了解到刘先生工作经历有虚假成分,公司要求解除刘先生的劳动合 同。刘先生认为自己是正式员工,公司违法解除劳动合同,并提出要求劳动局仲裁, 要求公司经济补偿。公司因为员工履历有假,可以解除劳动合同吗?请结合本案例分析。
知识点:报到管理,是指员工接受公司录用后正式报到,公司与员工形成劳资 关系前的管理。在员工报到的过程,人力资源部应要求报到员工要提供身份证、学 历证、资格证书、个人简历,员工信息表,离职证明,社保卡,公积金卡,工资卡、 相片等相关证件,并做验证。报到管理,主要关注员工相关证件(学历、专业资质)的真伪,是否与上家公司解除劳动合同,履历的真假,否则会有潜在的用人风险。
A group to recruit a branch general manager, the Headhunter recommended Mr. Liu, Mr. Liu passed the probation period, became the official staff of the company. Later, Mr. Liu's job performance decline and other problems. At the same time, the human resources department learned that Mr. Liu's work experience was false, and the company demanded that Mr. Liu's employment contract be terminated. Mr. Liu considered himself a formal employee, the company violated the labor contract, and put forward to the Labor Bureau Arbitration, the company's financial compensation. Can the company remove the employment contract because the employee's resume is false? Please combine this case analysis.
Knowledge point:Check-in management refers to the management before the employee's formal check-in after accepting the company's offer, and before the company forms labor and capital relations with the employee. In the process of employee check-in, HR Department should ask the check-in employee to provide ID card, academic certificate, Qualification Certificate, resume, employee information form, exit certificate, Social Security Card, Provident Fund Card, salary card, photo and other related documents, and do verification. Check-in management, mainly concerned about the staff-related documents (education, professional qualifications) of the authenticity, whether with the last company to terminate the labor contract, the true or false resume, otherwise there will be potential employment risks.
用人单位单方解除合同,应书面告知劳动者
Case : The employer shall unilaterally terminate the contract and inform the worker in writing
2009 年 12 月,王某因盗窃被判有期徒刑一年缓刑一年,其工作的企业认为, 按照劳动合同法的规定,王某被追究刑事责任,其与单位的劳动关系自动解除。因此,单位不允许王某再到企业上班。但王某认为,公司未出具任何说明,也没有书 面通知其本人,违反法律规定。王某遂向当地劳动仲裁委申请仲裁,请求确认双方 存在劳动关系,单位需补发其工资,并为其补缴社保和公积金。请问王某的要求合理吗?
In December 2009, Wang was sentenced to a one-year suspended prison term for theft. The company where he worked believed that he would be held criminally responsible under the Labour Contract Law of the People's Republic of China and that his employment relationship with his employer would be automatically terminated. Therefore, units do not allow Wang Mou to work in enterprises. But Wang Mou thinks, the company did not produce any explanation, also did not have the book, the face notifies itself, violates the legal provision. Wang then applied to the local Labor Arbitration Commission for arbitration, seeking confirmation of the existence of labor relations between the two sides, the unit to pay their wages, and for their Social Security and Provident Fund. Is Wang's request reasonable?
HR 如何处理招聘中的特殊情况?
Case : How HR handles special situations in recruitment?
甲公司是做设备配套工程的公司,年初,甲公司外地办事处张主任拟招高级客户经理 1 名,公司大客户乙公司总经理推荐其朋友孙某做该职位,同时表示可介绍 其他客户资源。张将此情况与公司老板汇报,老板当场同意,并商定了其入职薪资及日期。2月份,孙某到办事处做高级客户经理,未走入职流程,未知会人力资源部。4月份,孙某反映未收到工资。张才想起需要按照公司要求走招聘需求及入职流程,现流程已经走到人力资源部,假如你是人力资源部负责人,如何处理该事件?
知识点:招聘管理,从招聘规划、招聘实施、入职管理、招聘效果分析,这一系统流程来做好招聘的过程和结果管理。
At the beginning of this year, director Zhang of the field office of Company A proposed to recruit a senior client, a account manager, and the general manager of Company B, a major client of the company, recommended his friend Sun Mou to do the job, also said can introduce other customer resources. Zhang will report this situation with the company boss, the boss agreed on the spot, and agreed on its entry salary, and date. In February, Sun to the office to do senior customer manager, did not go into the job process, not known human resources department. In April, Sun reflected not received wages. Zhang Cai thought of the need to follow the requirements of the company's recruitment needs and entry process, the current process has gone to the human resources department, if you are in charge of human resources, how to deal with the incident?
Knowledge point:Recruitment management, from recruitment planning, recruitment implementation, entry management, recruitment effect analysis, this system process to do a good job recruitment process and results management.
公司搬迁后离职人数多,影响了正常工作开展,怎么办?
Case: After the company moves, the number of people leaving affects the normal work, how to do?
深圳高新技术企业 A 公司,办公地点最初在科技园,由于深圳产业升级,公司准备搬迁到关外办公。一部分员工考虑工作地点,离他们住的地方太远,选择了主 动离职。还有部分人到了新的上班地点,处于观望状态,但是还是可能会离职。总经理马先生评估离职员工的人数将会越来越多,必然影响工作正常开展,人力资源部应该怎么做?
知识点:人员储备,从公司未来的发展目标出发, 对企业人员现状进行深入分析,明确企业人员的配置的层次、数量、结构及其与公司发展需求之间的关系。
Shenzhen high-tech Enterprise a company, office location initially in science and Technology Park, as a result of Shenzhen industrial upgrading, the company, ready to move to the Guanwai office. Some employees consider the place of work, too far from where they live, chose to actively leave. Others arrive at their new jobs on the sidelines, but may still leave. Mr. MA, the general manager of the number of employees will be more and more, will inevitably affect the normal work, human resources department should do?
Knowledge point:Based on the future development goal of the company, this paper makes a deep analysis on the present situation of the enterprise personnel, and makes clear the level, quantity, structure of the enterprise personnel allocation and the relationship between it and the development needs of the company.
公司能因为员工不同意变更合同,辞退员工吗?
Case : Can a company fire an employee because they don't agree to change their contract?
2008 年 12 月初公司人力资源部和员工王某签订了劳动合同,合同期限为 3 年。 2009 年 12 月,公司组织了内部考核,决定对部分不胜任员工的工资进行调整。并组织签订新的劳动合同,新合同于 2010 年 1 月 1 日起生效,但是公司给出的工资不涨反减,王某不同意续签。公司认为王某不签订新的劳动合同,是主动解除劳动合同并辞退王某,公司这样做合适吗?
知识点:劳动合同变更, 是指劳动合同依法订立后,在合同尚未履行或者尚未 履行完毕之前,经用人单位和劳动者双方当事人协商同意,对劳动合同内容作部分 修改、补充或者删减的法律行为。劳动合同的变更是原劳动合同的派生,是双方已存在的劳动权利义务关系的发展。
In early December 2008, the company's Human Resources Department signed a three-year employment contract contract with an employee, surnamed Wang. In December 2009, the company organized an internal assessment and decided to adjust the salary of some incompetent employees. And organized to sign a new employment contract, the new contract came into effect on January 1,2010, but the company gave wages not to increase, but to reduce, Wang did not agree to renew. The company believes that Wang did not sign the new employment contract, is the initiative to lift the employment contract and dismiss Wang, the company to do so appropriate?
Knowledge point: the change of employment contract means that after the employment contract is concluded according to law, before the contract has been performed or has not been performed, and before the completion of performance, the parties to the contract have agreed through consultation between the employer and the worker, the act of modifying, supplementing, or deleting parts of a employment contract. The change of employment contract is a derivative of the original employment contract and a development of the existing relationship between labor rights and obligations of both sides.
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