Registration form:HR Tips: Why did this small "Registration Form" make me lose completely?-Font Tutorial免费ppt模版下载-道格办公

On the basis of personnel At work, the entry registration form is a basic document filled out by new employees. The purpose is to understand the employee's basic situation. Important information includes the employee's phone number, address, ID number and other basic information, education background, and work experience information. and employment information, etc., which are materials with certain legal validity.

Let’s talk about Xiao Q’s experience. 2 In June 2018, Xiao Q signed a labor contract with TT Company and filled out the employment registration form. In March 2020, Xiao Q resigned from TT Company. Half a year later, Xiao Q joined TT Company again and signed a new labor contract. The salary is the same as that of TT Company. It turned out to be unchanged, but the entry registration form was not filled out. In October 2020, the relationship between Xiao Q and his new superior was not handled well. The company used this as an excuse to fire Xiao Q and offered to pay him 1 month's financial compensation. However, Xiao Q proposed that the company should compensate him 3.5 months' salary, but the company did not agree. Later, Xiao Q took this matter to the local labor arbitration committee and requested compensation for 3.5 months' wages.

During the trial, the company provided evidence to prove that Xiao Q had voluntarily resigned once, and the most recent employment should be used as the starting point for calculating compensation. However, because there was no Provide any evidence to prove that Xiao Q has voluntarily resigned. In the end, Xiao Q's request was supported by the arbitration committee.

In this case, the legal provisions that the arbitration committee mainly relied on are:

1. "Labor Contract Law of the People's Republic of China", Article 47 Economic compensation shall be based on the employee's current status According to the number of years of service in the unit, workers will be paid one month's salary for every full year. If it is more than 6 months but less than one year, it will be calculated as one year. If it is less than 6 months, economic compensation of half a month's salary will be paid to the worker.

2. "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases" Article 13 Reasons In labor disputes arising from decisions made by the employer such as dismissal, removal, dismissal, termination of labor contract, reduction of labor remuneration, calculation of employee's working years, etc., the employer bears the burden of proof.

In practice, we have learned that companies often lose cases because they do not know their employees’ mailing addresses.

Xiao Q is a salesperson of TT Company. On October 15, 2020, Xiao Q asked the company for a five-day leave due to a personal relationship. After the vacation was over, Xiao Q never returned to the company to work. According to the provisions of the employee handbook, the company considered that Xiao Q had been absent from work for 10 consecutive days, which was regarded as an automatic leave. Regarding his resignation, the company made an internal notification on April 5, 2020, notifying that Xiao Q had voluntarily resigned.

On May 10, 2021, Xiao Q applied for labor arbitration, requiring the company to pay overtime wages and business commissions during the working period. The company responded that Xiao Q had voluntarily resigned on April 5, 2020, and he only applied for labor arbitration on May 10, 2021, which had exceeded the one-year statute of limitations, and requested that Xiao Q’s arbitration request be dismissed.

During the court hearing, the company claimed that it did not have Xiao Q’s mailing address and could not serve him with a notice of termination of the labor contract.

The Labor Dispute Arbitration Committee believes that according to the provisions of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II)": Disputes arising from the rescission or termination of labor relations, the employer If the unit cannot prove the time when the employee received the written notice of termination or termination, the date when the employee claims his or her rights shall be the date when the labor dispute occurs. Although Xiao Q had resigned on April 5, 2020, the company could not prove that Xiao Q had received a written notice of termination of the labor contract. Therefore, the company argued that the reason why Xiao Q had expired the statute of limitations for appeal was untenable. Later, according to The case was judged based on relevant evidence.

[Case Analysis] From this case, we can see the importance of the delivery of relevant legal documents, which requires our corporate HR to collect the contact information of employees as much as possible, especially If the address on the ID card is different from the current address, it is necessary to specify which address should be used as the contact address for both parties to avoid passive consequences due to temporary negligence in the event of a dispute.