Zhongcheng Qingtai | HR Legal Corner: What do you think of this sentence?
Published:
2022-05-31
The resignation document often contains a similar sentence that "there is no labor dispute between the laborer and the employer", which may be the resignation report signed by the laborer, the resignation certificate unilaterally drawn up by the employer, or the labor contract termination agreement jointly signed by both employers and employees, or even the settlement agreement signed by both employers and employees at the stage of labor arbitration. So in practice, how important is the phrase "there is no labor dispute between workers and employers"? Does it have different effects in different forms of documents? This paper briefly combs this. 1. Resignation report signed by the worker The People's Court of Jiefang District, Jiaozuo City, Henan Province (2021) Yu 0802 No. 4003 Minchu, Jiaozuo City Zhongxin Human Resources Service Co., Ltd., Wang Guixia and other civil judgments of first instance in personnel disputes Court view: Because Wang Guixia's resignation application issued to Zhongxin Company clearly stated that she did not have any labor disputes with Zhongxin Company, Wang Guixia, as a person with full civil capacity, can fully identify and control her behavior, and she should issue her own resignation. The report has a full understanding and foresees the relevant consequences that may arise from it. The resignation report involved in the case stated that "I have no labor dispute with Zhongxin Company", which should be regarded as Wang Guixia's punishment of her rights and voluntarily bear the legal consequences arising therefrom. In this case, Wang Guixia's claim in this case is obviously contrary to her promise in the resignation report, and also violates the principle of good faith in civil litigation. Therefore, the court does not support Wang Guixia's above request. Court of second instance The Intermediate People's Court of Jiaozuo City, Henan Province made a judgment (2022) Yu 08 Minzhong No. 610 to support the trial point of the court of first instance and maintain the original judgment. 2. Certificate of resignation signed by the worker Beijing No.3 Intermediate People's Court (2022) Beijing 03 Minzong No. 1047 Civil Judgment of Second Instance on Labor Dispute between Beijing Anlilong Ecological Agriculture Co., Ltd. and Guan Guixia Court view: The focus of the dispute in this case is whether Anlon should pay a one-time disability employment subsidy to Guan Guixia. If Guan Guixia suffered a work-related injury during her employment and left her job for personal reasons, Anlon shall pay Guan Guixia a one-time disability employment subsidy in accordance with the law. Amylon appealed that Guan Guixia signed the resignation certificate to prove that Guan Guixia approved the contents of the resignation certificate. However, the court held that the resignation certificate was unilaterally issued by Amylon, and Guan Guixia's signature could only prove that she had received the resignation certificate, which could not reflect that Amylon and Guan Guixia had negotiated and reached an agreement on the contents of the resignation certificate. On this ground, Anlon refused to pay a one-time disability employment subsidy, which was not supported by the hospital. 3. The employer and the employee sign an agreement to terminate the labor contract. People's Court of Heping District, Shenyang City, Liaoning Province (2021) Meng Fanchun, No. 26208, Liao 0102 Minchu 19587, Beijing Hualian Supermarket Co., Ltd. Shenyang Third Branch Civil Judgment of First Instance on Labor Dispute and Personnel Dispute Court view: The plaintiff Meng Fanchun (Party B) and Changchun Satellite Road Branch of Jilin North Hualian Supermarket Co., Ltd. (Party A) signed the "Agreement on Dissolution of Labor Contract". Article 2 of the agreement stipulates that both parties have completed the settlement of employment matters such as wages, economic compensation, vacation, overtime, social security and provident fund. After the signing of this agreement, all rights and obligations arising from the labor relationship between the two parties have been terminated, and there is no labor dispute between the two parties, and no further disputes or lawsuits may be filed on the labor relationship. After the agreement is signed, Party A shall pay Party B a one-time economic compensation of 23760.90 yuan (already paid). The plaintiff and the employing unit Jilin North Hualian Supermarket Co., Ltd. Changchun Satellite Road Branch have signed the "Agreement on Dissolution of Labor Contract", which has already agreed on annual leave wages and economic compensation for dissolution of labor contract. The plaintiff filled in the "Application for Resignation of Beijing Hualian Employees" and stated that the reason for the dissolution was dissolution by consensus... The plaintiff had received the amount agreed in the dissolution agreement in this case, because the dissolution of the "Labor Contract Dissolution Agreement" had been fulfilled, so the court did not support the plaintiff's two claims. 4. The employer and the worker sign a settlement agreement at the stage of labor arbitration. People's Court of Gangzha District, Nantong City, Jiangsu Province (2020) Su 0611 Minchu No. 430 Liu Zonghong and Nantong Sanming Fashion Co., Ltd. Civil Judgment of First Instance on Labor Dispute The court's view: The agreement reached between the laborer and the employer on the cancellation or termination of the labor contract, the payment of wages, overtime pay, economic compensation or compensation, etc., does not violate the mandatory provisions of laws and administrative regulations, and there is no fraud, Coercion or the situation of taking advantage of people's danger shall be deemed valid. In this case, Liu Zonghong and Sanming Company reached a settlement agreement under the auspices of the Gangzha Arbitration Commission, which did not violate the mandatory provisions of laws and administrative regulations. Liu Zonghong also failed to provide evidence to prove the existence of fraud, coercion or taking advantage of others, so it should be determined that the settlement agreement is legal and effective, and both parties should be bound by the content of the agreement. The settlement agreement stated that the labor relationship between the two parties will be terminated on July 25, 2019, and there will be no labor disputes including the termination of labor relations, labor remuneration, etc. after the payment is agreed. Liu Zonghong also stated again after receiving the payment. There is no labor dispute with Sanming Company. The above facts show that the labor disputes between Liu Zonghong and Sanming Company including the payment of labor remuneration and economic compensation have been fully resolved. Liu Zonghong now requires Sanming Company to pay the salary and economic compensation for July 2019 (actually claiming the salary difference and the expected salary for not providing labor during the labor contract period), which violates the agreement of the settlement agreement. Moreover, Liu Zonghong also fails to provide evidence to prove the fact that Sanming Company actually worked in July 2019 and did not pay the salary and the wage income difference in the previous period, in addition, Sanming Company is required to pay the wages after the termination of the labor relationship, which has no factual and legal basis. Therefore, the court does not support Liu Zonghong's claim. Summary: If the worker is a person with full capacity for civil conduct, voluntarily promises unilaterally, or signs an agreement to terminate the labor contract and a settlement agreement stating that "there is no labor dispute between the worker and the employer", the court's view is that the worker should follow The principle of good faith fulfills the promises and agreements. However, if the laborer only signs the resignation document issued unilaterally by the employer stating that "there is no labor dispute between the laborer and the employer", the court's view is that the signing act cannot prove that the laborer and the employer have negotiated and reached an agreement on this, and can only be regarded as an act of signing.
Separation documents often appear"There is no labor dispute between the employee and the employer."A similar statement, stating that the content may be a resignation report signed by the worker, a resignation certificate unilaterally drawn up by the employer, or an agreement to terminate the labor contract jointly signed by both employers and employees, or even a settlement agreement signed by both employers and employees at the stage of labor arbitration.
So in practice, how important is the phrase "there is no labor dispute between workers and employers"? Does it have different effects in different forms of documents? This paper briefly combs this.
1. Resignation report signed by the worker
The People's Court of Jiefang District, Jiaozuo City, Henan Province (2021) Yu 0802 No. 4003 Minchu, Jiaozuo City Zhongxin Human Resources Service Co., Ltd., Wang Guixia and other civil judgments of first instance in personnel disputes
The Court's view:Because Wang Guixia's resignation application issued to Zhongxin Company clearly stated that she did not have any labor disputes with Zhongxin Company, Wang Guixia, as a person with full civil capacity, can fully identify and control her behavior, and she should have a full understanding of the resignation report issued by herself, And foresee the relevant consequences that may arise. The resignation report involved in the case stated that "I have no labor dispute with Zhongxin Company", which should be regarded as Wang Guixia's punishment of her rights and voluntarily bear the legal consequences arising therefrom. In this case, Wang Guixia's claim in this case is obviously contrary to her promise in the resignation report, and also violates the principle of good faith in civil litigation. Therefore, the court does not support Wang Guixia's above request.
Court of second instance The Intermediate People's Court of Jiaozuo City, Henan Province made a judgment (2022) Yu 08 Minzhong No. 610 to support the trial point of the court of first instance and maintain the original judgment.
2. Certificate of resignation signed by the worker
Beijing No.3 Intermediate People's Court (2022) Beijing 03 Minzong No. 1047 Civil Judgment of Second Instance on Labor Dispute between Beijing Anlilong Ecological Agriculture Co., Ltd. and Guan Guixia
The Court's view:The focus of the dispute in this case is whether Anlon should pay a one-time disability employment subsidy to Guan Guixia. If Guan Guixia suffered a work-related injury during her employment and left her job for personal reasons, Anlon shall pay Guan Guixia a one-time disability employment subsidy in accordance with the law. Amylon appealed that Guan Guixia signed the resignation certificate to prove that Guan Guixia approved the contents of the resignation certificate. However, the court held that the resignation certificate was unilaterally issued by Amylon, and Guan Guixia's signature could only prove that she had received the resignation certificate, which could not reflect that Amylon and Guan Guixia had negotiated and reached an agreement on the contents of the resignation certificate. On this ground, Anlon refused to pay a one-time disability employment subsidy, which was not supported by the hospital.
3. The employer and the employee sign an agreement to terminate the labor contract.
People's Court of Heping District, Shenyang City, Liaoning Province (2021) Meng Fanchun, No. 26208, Liao 0102 Minchu 19587, Beijing Hualian Supermarket Co., Ltd. Shenyang Third Branch Civil Judgment of First Instance on Labor Dispute and Personnel Dispute
The Court's view:The plaintiff Meng Fanchun (Party B) and Changchun Satellite Road Branch of Jilin North Hualian Supermarket Co., Ltd. (Party A) signed the "Agreement on Dissolution of Labor Contract". Article 2 of the Agreement stipulates that Party A and Party B have all settled the employment matters such as wages, economic compensation, vacation, overtime, social security and provident fund. After the signing of this agreement, all rights and obligations arising from labor relations between both parties have been terminated, there is no labor dispute between the two parties, and no dispute or lawsuit may be filed over the labor relationship. After the agreement is signed, Party A shall pay Party B a one-time economic compensation of 23760.90 yuan (already paid). The plaintiff and the employing unit Jilin North Hualian Supermarket Co., Ltd. Changchun Satellite Road Branch have signed the "Agreement on Dissolution of Labor Contract", which has already agreed on annual leave wages and economic compensation for dissolution of labor contract. The plaintiff filled in the "Application for Resignation of Beijing Hualian Employees" and stated that the reason for the dissolution was dissolution by consensus... The plaintiff had received the amount agreed in the dissolution agreement in this case, because the dissolution of the "Labor Contract Dissolution Agreement" had been fulfilled, so the court did not support the plaintiff's two claims.
4. The employer and the worker sign a settlement agreement at the stage of labor arbitration.
People's Court of Gangzha District, Nantong City, Jiangsu Province (2020) Su 0611 Minchu No. 430 Liu Zonghong and Nantong Sanming Fashion Co., Ltd. Civil Judgment of First Instance on Labor Dispute
The Court's view:The agreement reached between the laborer and the employer on the cancellation or termination of the labor contract, the payment of wages, overtime pay, economic compensation or compensation, etc., does not violate the mandatory provisions of laws and administrative regulations, and there is no fraud, coercion or taking advantage of The situation of danger shall be deemed valid. In this case, Liu Zonghong and Sanming Company reached a settlement agreement under the auspices of the Gangzha Arbitration Commission, which did not violate the mandatory provisions of laws and administrative regulations. Liu Zonghong also failed to provide evidence to prove the existence of fraud, coercion or taking advantage of others, so it should be determined that the settlement agreement is legal and effective, and both parties should be bound by the content of the agreement. The settlement agreement stated that the labor relationship between the two parties will be terminated on July 25, 2019, and there will be no labor disputes including the termination of labor relations, labor remuneration, etc. after the payment is agreed. Liu Zonghong also stated again after receiving the payment. There is no labor dispute with Sanming Company. The above facts show that the labor disputes between Liu Zonghong and Sanming Company including the payment of labor remuneration and economic compensation have been fully resolved. Liu Zonghong now requires Sanming Company to pay the salary and economic compensation for July 2019 (actually claiming the salary difference and the expected salary for not providing labor during the labor contract period), which violates the agreement of the settlement agreement. Moreover, Liu Zonghong also fails to provide evidence to prove the fact that Sanming Company actually worked in July 2019 and did not pay the salary and the wage income difference in the previous period, in addition, Sanming Company is required to pay the wages after the termination of the labor relationship, which has no factual and legal basis. Therefore, the court does not support Liu Zonghong's claim.
Summary:If the worker is a person with full capacity for civil conduct, voluntarily promises unilaterally, or signs a labor contract termination agreement and a settlement agreement stating that "there is no labor dispute between the worker and the employer", the court's view is that the worker should follow the principle of good faith to fulfill the promise and agreement. However, if the laborer only signs the resignation document issued unilaterally by the employer stating that "there is no labor dispute between the laborer and the employer", the court's view is that the signing act cannot prove that the laborer and the employer have negotiated and reached an agreement on this, and can only be regarded as an act of signing.
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