Viewpoint | Dispute of "Repentance" after Signing Resignation Agreement
Published:
2022-12-14
The laborer and the employer reach an agreement on the termination or termination of the labor contract. In order to avoid risks, the employer often signs a clause that "there is no other dispute between the two parties" and wants to settle the case, but it often backfires. 1. the signing of the agreement between the two parties must be legal and voluntary. Article 10 of the (III) of interpretation of the Supreme people's Court on several issues concerning the Application of laws in the trial of Labor dispute cases stipulates: "the agreement reached between the worker and the employer on the termination or termination of the labor contract, the payment of wages, overtime pay, economic compensation or compensation does not violate the mandatory provisions of laws and administrative regulations, and there is no fraud, coercion or taking advantage of the danger of others. It shall be deemed valid. If there is a material misunderstanding or manifest unfairness in the agreement mentioned in the preceding paragraph, and the parties request revocation, the people's court shall support it." According to this provision, the agreement signed by both parties must not only be legal in content, but also voluntary. Legality of content agreed in the agreement The content of the agreement includes specific items such as handling relevant procedures, paying wages, overtime pay, economic compensation or compensation. If the above-mentioned items are not agreed or only some of them are agreed, the agreed items shall be performed in accordance with the content of the agreement. However, if there is a dispute over the unagreed item, it can still be resolved through arbitration or litigation alone. If the content of the agreement violates the mandatory provisions of laws and administrative regulations, the content of the agreement is not only invalid, but the parties can also claim their rights through arbitration and litigation. The signing of 2. agreement shall abide by the principle of punishment. The labor contract termination agreement signed by the employee and the employer is valid as long as it is concluded voluntarily, and there is no fraud, coercion or taking advantage of the danger of others, and does not violate the mandatory provisions of laws and administrative regulations. Therefore, the company and employees agreed that "no other disputes between the two sides" is also valid. However, "no other disputes between the two parties" should be limited to the scope agreed in the agreement. Unless the employee clearly waives this, otherwise, the content not agreed in the contract can still be resolved through arbitration and litigation. Common Agreed Situations and Validity Judgment in 3. Practice In practice, "there are no other disputes between the two parties" in various forms, not only involving the content of the agreement, but also involving the literary expression of the content of the agreement and the mandatory provisions of laws and administrative regulations. There are mainly the following forms: ▲ 1. The termination agreement stipulates that "the company's one-time payment to an employee includes, but is not limited to, economic compensation for the termination of the labor contract, payment in lieu of notice, wages during the existence of the labor relationship, overtime pay, annual leave wages and other payments, there is no dispute between the two parties". The agreement has clearly defined all payments made by the employer to the employee, therefore, the employee shall perform the relevant payments in accordance with the agreement, and it is not possible for the employee to arbitrate or litigate the above payments separately. However, disputes arising from matters such as the handling of resignation procedures can still be resolved through arbitration and litigation. ▲ 2. The termination of the agreement stipulates that "the company shall pay x yuan to an employee in one lump sum, including all compensation, compensation expenses and wages, and there is no other dispute between the two parties". At the end of the agreement, the specific items are agreed, but the qualifier is "all compensation, compensation expenses and wages". In fact, the agreement has already made an agreement on economic compensation, wages and overtime pay. If the employee separately arbitrates and sues for the above-mentioned funds, the above-mentioned expenses cannot be paid. ▲ 3. Dissolution of the agreement stipulates that "the company will pay x yuan to an employee at one time. in addition, the employee voluntarily gives up other expenses and there is no other dispute between the two parties". In this agreement, because the employee explicitly waives other expenses, the employee is not allowed to claim the relevant payment matters, and it is difficult to get support if the employee arbitrates and litigations on the relevant payment. ▲ 4. The termination of the agreement stipulates that "the company will pay x yuan to the employee in one lump sum, and there will be no other disputes between the two parties". The agreement only stipulates that the company will pay a certain amount of money to the employee, but does not stipulate which items the money will include, and there are cases where the agreement is unclear. If an employee sues for an amount such as financial compensation, the employee is required to prove that the amount is not or does not include financial compensation, and the employee's claim may be supported. ▲ 5. The termination of the agreement stipulates that "the company shall pay economic compensation to the employees, wages during the existence of the labor relationship, and overtime pay totaling x yuan, and there is no dispute between the two parties". The agreement stipulates that the amount paid by the employer to the employee shall be economic compensation, wages and overtime pay during the duration of the labor relationship. Both parties shall be bound by the contract for economic compensation, wages and overtime pay during the duration of the labor relationship. Separate arbitration and litigation cannot be supported. However, other items that are not agreed upon, such as double wage differences and economic compensation, can still be arbitrated and litigated separately.
The laborer and the employer reach an agreement on the termination or termination of the labor contract. In order to avoid risks, the employer often signs a clause that "there is no other dispute between the two parties" and wants to settle the case, but it often backfires.
1. the signing of the agreement between the two parties must be legal and voluntary.
Article 10 of the (III) of interpretation of the Supreme people's Court on several issues concerning the Application of laws in the trial of Labor dispute cases stipulates: "the agreement reached between the worker and the employer on the termination or termination of the labor contract, the payment of wages, overtime pay, economic compensation or compensation does not violate the mandatory provisions of laws and administrative regulations, and there is no fraud, coercion or taking advantage of the danger of others. It shall be deemed valid. If there is a material misunderstanding or manifest unfairness in the agreement mentioned in the preceding paragraph, and the parties request revocation, the people's court shall support it." According to this provision, the agreement signed by both parties must not only be legal in content, but also voluntary.
Legality of content agreed in the agreement
The content of the agreement includes specific items such as handling relevant procedures, paying wages, overtime pay, economic compensation or compensation. If the above-mentioned items are not agreed or only some of them are agreed, the agreed items shall be performed in accordance with the content of the agreement. However, if there is a dispute over the unagreed item, it can still be resolved through arbitration or litigation alone. If the content of the agreement violates the mandatory provisions of laws and administrative regulations, the content of the agreement is not only invalid, but the parties can also claim their rights through arbitration and litigation.
The signing of 2. agreement shall abide by the principle of punishment.
The labor contract termination agreement signed by the employee and the employer is valid as long as it is concluded voluntarily, and there is no fraud, coercion or taking advantage of the danger of others, and does not violate the mandatory provisions of laws and administrative regulations. Therefore, the company and employees agreed that "no other disputes between the two sides" is also valid. However, "no other disputes between the two parties" should be limited to the scope agreed in the agreement. Unless the employee clearly waives this, otherwise, the content not agreed in the contract can still be resolved through arbitration and litigation.
Common Agreed Situations and Validity Judgment in 3. Practice
In practice, "there are no other disputes between the two parties" in various forms, not only involving the content of the agreement, but also involving the literary expression of the content of the agreement and the mandatory provisions of laws and administrative regulations. There are mainly the following forms:
▲ 1. The termination agreement stipulates that "the company's one-time payment to an employee includes, but is not limited to, economic compensation for the termination of the labor contract, payment in lieu of notice, wages during the existence of the labor relationship, overtime pay, annual leave wages and other payments, there is no dispute between the two parties".
The agreement has clearly defined all payments made by the employer to the employee, therefore, the employee shall perform the relevant payments in accordance with the agreement, and it is not possible for the employee to arbitrate or litigate the above payments separately. However, disputes arising from matters such as the handling of resignation procedures can still be resolved through arbitration and litigation.
▲ 2. The termination of the agreement stipulates that "the company shall pay x yuan to an employee in one lump sum, including all compensation, compensation expenses and wages, and there is no other dispute between the two parties".
At the end of the agreement, the specific items are agreed, but the qualifier is "all compensation, compensation expenses and wages". In fact, the agreement has already made an agreement on economic compensation, wages and overtime pay. If the employee separately arbitrates and sues for the above-mentioned funds, the above-mentioned expenses cannot be paid.
▲ 3. Dissolution of the agreement stipulates that "the company will pay x yuan to an employee at one time. in addition, the employee voluntarily gives up other expenses and there is no other dispute between the two parties".
In this agreement, because the employee explicitly waives other expenses, the employee is not allowed to claim the relevant payment matters, and it is difficult to get support if the employee arbitrates and litigations on the relevant payment.
▲ 4. The termination of the agreement stipulates that "the company will pay x yuan to the employee in one lump sum, and there will be no other disputes between the two parties".
The agreement only stipulates that the company will pay a certain amount of money to the employee, but does not stipulate which items the money will include, and there are cases where the agreement is unclear. If an employee sues for an amount such as financial compensation, the employee is required to prove that the amount is not or does not include financial compensation, and the employee's claim may be supported.
▲ 5. The termination of the agreement stipulates that "the company shall pay economic compensation to the employees, wages during the existence of the labor relationship, and overtime pay totaling x yuan, and there is no dispute between the two parties".
The agreement stipulates that the amount paid by the employer to the employee shall be economic compensation, wages and overtime pay during the duration of the labor relationship. Both parties shall be bound by the contract for economic compensation, wages and overtime pay during the duration of the labor relationship. Separate arbitration and litigation cannot be supported. However, other items that are not agreed upon, such as double wage differences and economic compensation, can still be arbitrated and litigated separately.
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