Being fired but being told to resign on your own, have you ever encountered this situation? Many employers often tell their employees, “You have to resign on your own. If you don’t resign, you will be fired. It will ruin your job record and make it difficult to apply for other jobs.” Is this statement true?
Where did this story come from? Let’s find the answer. Refer to information from the Labor Law Page about being fired but having to resign on your own. Does it really affect your work history?
I must say that it is true because if we are fired due to wrongdoing, such as abandoning our duties for 3 consecutive days, we will be fired and our work history will have a record that we were fired. When we apply for a new job, the new employer usually asks us to fill in whether we resigned or were fired. If we are fired but write that we resigned, the employer has the right to use this as a reason to terminate our employment according to the terms and conditions of the job application. In this case, the Supreme Court has ruled in Case 3458/2531 that an employee who filled in a false application stating that he resigned himself, even though he was fired for being absent from work for 3 days without proper reason, is a false statement of information, which the employer has the right to terminate without having to wait for damage to occur first.
Impact of being laid off
Difficulty in finding a new job : New employers often view a layoff as a sign that an employee is having performance problems or may be behaving inappropriately. Having a record of a layoff in your employment history can make new employers want more information about the reason for the layoff.
Loss of rights to certain benefits : Being laid off may result in employees not being able to receive certain benefits, such as social security in some cases. If an employee is laid off without prior notice, or if the employee fails to comply with company regulations, they may lose their rights to receive compensation under labor laws.
Impact on self-confidence : Laid-off employees may feel discouraged or lose confidence in their work, which may affect their future performance. Being laid off can cause employees to feel insecure about their abilities and anxious about finding a new job.
Resignation and termination
Resigning on your own can improve your work history in the eyes of a new employer, but be careful not to let your resignation be the result of avoiding problems. If you resign because you are dissatisfied with your job or have problems with coworkers, you should consider fixing those problems first to prevent them from happening again in your new job. Resigning on your own should have a valid reason, such as seeking career advancement, changing your place of residence, or personal reasons that make it impossible to continue working at your current job.
Self-resignation process
- Advance notice : You should give advance notice of your resignation as required by your employment contract or labor law to give the company time to prepare for a replacement.
- Writing a resignation letter : Write a formal resignation letter, stating the date you are leaving and the reason for leaving. Writing a resignation letter clearly and neatly helps to make the resignation go smoothly.
- Working until the last day : You should work hard until the last day to maintain professionalism and to ensure that your resignation does not affect the team’s performance.
- Handover of duties : Preparations should be made to handover duties to the replacement to ensure smooth continuity of work.
Additional Notes
In the case of being laid off, even though the employer has the right to terminate the employment, they still have to pay compensation according to the labor law. In addition, resigning on their own in some cases may not allow us to receive compensation, such as in the case of resigning without a proper reason.
To ensure that our work goes smoothly and without any legal problems, we should strictly follow the company’s regulations and rules. If there is a problem, we should consult our employer or HR department to find a solution.
Rights and duties of employees
- Compliance with regulations : Employees should strictly comply with the company’s regulations to ensure smooth work and no legal problems.
- Reporting Problems : If you encounter any problems at work, you should report them to your employer or HR so that they can find an appropriate solution.
- Maintaining Integrity : Maintaining honesty and transparency in your work helps build trust between employees and employers.
Conclusion
Resigning on your own and getting laid off can have a real impact on your work history. Resigning on your own often looks better in the eyes of a new employer, but it must be done properly and with good reason. Being laid off can make it difficult to find a new job, and may result in the loss of certain benefits. Therefore, it is important to follow company rules and find appropriate solutions within the organization to ensure a smooth and efficient work environment.
More information about labor laws : Department of Labor Protection and Welfare Hotline 1506 press 3 and 1546
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