Labor dispute case: 1Refusing to accept the resignation, staff requirements, this how to solve?

In view of this situation, we must distinguish the responsibility, do not ambiguous, not to cover up, and in accordance with the relevant provisions dealt with according to law. You know, processing avoid leaning to either side, reasonable, agreed last always. Of course, also want to pay attention to methods of work, as long as I move, make the person be sincerely convinced, things will be resolved.

One way:

A notice to quit, prepare data and evidence;
Two, exit interview is the key!
A, affirm the achievements, pointed out its shortage;
B, tell the truth, according to the gap, and the requirements of the company;
According to C, the compensation shall be stated;
D, asked what requirement, can do try to be handled; if not handled, with difficulty; don't do things sloppily!
E, who, when the handover work and wage settlement;
F, the company decided to inform the objection may apply to the labor dispute mediation committee for mediation or arbitration.
Three, interview should submit a written notice, and ask for a signature.

Method two:

Identify the root, then think resolution
A, let the staff understand why want to fire him, fired him, completely let him have nothing to say
Two, the employer may also be thinking, he also can not, whether is because of his reason is he and other expertise available
Three, the company is employee thought things, such as company withhold performance royalty;
Four, the company has not signed a contract with the employee, the contents of the contract read, what is the default has not, if there is, the company as soon as possible to resolve, and if not, may act according to the contract.
Five, employees should be quiet, even as he seeks out or pointing or introduction, let the staff know the boss of righteousness
Six, if the company in the legitimate reasonable, do not use this et al, can advertise in the Department, why fire the person, let the other employees not to sympathize with him or help him, the company has been in righteousness, employees will be in front of a crowd of shame, will be go; in addition, cut to the attention of: employees of the permissions are disabled, the office computer and information, whether the company is specially sent collecting tube, do not let it take away business secrets or related resources.
Seven, if also sichanlanda, company executives can at this special meeting resolution of such events, how to deal with; such as: allows the company personnel department to produce company resolution, began to claim that fired the person, let the administrative executive, (the company security department can help).
Eight, so down, the company has no any can let employee appeals by the court, even if the confrontation, who 's afraid of the enterprise.
Nine, supplement: trouble always trouble, look carefully survey, employers and others, have good gather good spread.

Method three:Can't say out ~ ~ the punishment regulations abolished after the enterprise is basically no administrative punishment.
According to the new law, if the employee does not agree, can not unilaterally terminate labor contract enterprises. Here I have a trick, examination, or evidence collected from the employees can not work, then the training or the changing of the guard, still not competent, can be removed, but for compensation. Either through the system management, to observe whether he seriously violated the rules and regulations of the enterprise, if really like you said, he influenced business atmosphere, that there should be some inappropriate behavior, such as work time doing things unrelated to work and so on, can be punished, punished several times more, education, changing of the guard. Ah, degradation, the termination of the contract, such termination will not need compensation.

Method four:I think you can take the following methods,
A, communication (direct communication and indirect communication and use)
     The main points are as follows:
            1, your time so do not get any positive output (such as salary, ability)
           2, you do (not what one thing) others (friends, colleagues,) may think of you?
           3, you do influence on your career reputation is what?
           4, what do you want? (to leave me, not possible)
           5, go on like this, what will be the result?
Two, legal means (means an invalid situation)
    The main points are as follows:
          1, lawyers and legal consequences of communication, to understand the rogue behavior
          2, ineffective communication according to legal process
Remarks.
     This kind of problem 90% can be resolved through communication, communication is the key to the method, it is not recommended to communicate within the office environment, recommended at the dinner table or similar environment

Method five: This is the emotional problems.
A business owner said to me a sentence like this: "if you would only in accordance with the labor law to deal with, I hire you significance in where? You have to do things others can not do... " so, I made a promise" during his tenure, not fire any employee." It always makes me feel the pressure, every enterprise has not qualified employee, every year I need to convince some employees fill discharge book. The harmonious labor relations, let employees without emotion to leave, as the HR manager or supervisor to do. The following talk about my humble opinion.
1, pay attention to, in the normal work caring staff, moved staff to their own behavior;
2, the management staff, signed responsibility books in the entry, clear job responsibilities and authority.
Work problems or errors, 3 employees, and he promptly separate interviews. To understand his work, to help him analysis difficult, to provide effective recommendations to improve his, and give him confidence, believe that he can do a good job. Finally, ask whether he can do it, the answer is yes. Even with the wrong people, if you can help him sincerely, he is willing to listen to your opinion. And tell him what the consequences caused by the error, how will you deal with, and given the opportunity to correct him. But at the same time, tell him, if again, to save his face, please give you quit his own book.
4, can be used to increase the gang way buffer processing, make him a natural loss.
Your circumstances, my personal analysis because was ready to dismiss him, handling more blunt (if wrong, please forgive me), his pride was hurt, so angry way.
At present, can be done to remedy, is to call at his office in separate interviews, one time, two times, three times, every day to talk, the topic can easily start (the first to talk, to think of him as your new friend, don't talk about your topic. And then talk about the job situation, listen to him, let him vent their dissatisfaction, finally ask him what is intended? Step by step, cut to the chase, and then ask him what he wanted? Tell him how you can help him to solve, lifted his mind, accept your suggestion).
Each person's self-esteem are not willing to be violated, if mishandled, employees will not sell the company accounts, so do HR and learning psychology. My experience is: move your employees, let him know that you are sincere, and every hour and moment can help him, even if is to let him go, he will thank you. The success of HR, just understand labor law, it is more important to win the hearts and minds. The service for enterprises at the same time, the premise to do service employees and customers.

Do the six:The communication is not much to say. Assumptions have been identified for separation,
First, whether to give economic compensation in accordance with the labor law, or compensation. Both sides agreed circumstances applicable economic compensation. But from the above description, the other party is not willing to leave, is simple to understand, is the company unilaterally consider discharging, need to pay the compensation.
Second, at this time, important is integrity program on evidence. A letter written personnel. The other is not signed, can pass the interview, there are third party witness, recording to obtain evidence. At the same time, notice the public, there are some enterprises will take into account the dismissal notice message to employees at home.
Basically the above procedures can be forced to quit, not allowed to enter the Office Area.
Third, if you want to strictly comply with labor law.
Since cannot work of existing, can after the training. If the guard after training or not qualified, may terminate the labor contract, this is also calculated according to the compensation.
In this way, focus on training the record, assessment standard etc.

Method seven:I have encountered such a situation, just read a lot to reply, deeply forum a galaxy of talents, and according to the similar case before treatment, published opinion not a mature person, hope everybody comments:
Analysis of the causes of a problem occurred:
1, the staff culture level is not high, the overall quality of all aspects of the general, the company vigorously development stage greatly on personnel demand, reduce the requirement for the staff, for the basic management level, ignoring the staff daily work negligence guidance, ignored during the various working skills of employees is not to improve the long-term intermittent, laissez faire employees develop bad habits, and the ability of self growth can't keep up with the business development of the company. This is great, the company decided to dismiss the employee. But the staff feel suddenly, can't accept is a long time to work in accordance with the normal working state, how all of a sudden dismissal, think oneself are not given enough respect, so refused to accept.
2, the staff assessment index is low, poor quality, lose your current job, to find another job difficulty big, the family burden is huge, once lost, the current economic situation, life will be affected, and even survival crisis, therefore, refused to accept the.
3, the low quality of staff, under the pure moral quality, shualai, refused to accept the. (this kind of situation is very rare, not to comment, please use legal weapons to live)
Two, according to the actual situation of project:
File: ensure the company dismissed the procedures to employees and execution in accordance with the relevant laws, regulations, the dismissal of employees, based on the true reason is sufficient. Employees receive economic compensation paid.
Method 1: find a peacetime and the staff is relatively better employees, to do ideological work, or let the employees to help cut, match related leadership and interviews. Step: under the leadership of its many told the daily care, usually a fault did not hold too much, if continue to entwine, leadership will also be affected, is not good for everyone. Help his analysis of long-term work to do the insufficient place, so that the process of cognition is dismissed, know yourself to be dismissed for granted. Tell him entangled already did not have what meaning, also be of no avail to continue, and told him the relevant laws and regulations, let him know that this is illegal, and the consequence is serious, if other people know, then find work after all no one dare to him. With his analysis of the current situation, exaggerated description of current work is not worthy of nostalgia, encouraged him to look for a new job, start a new life. If that doesn't work, it had to intervene in the judicial process.
The above is a personal, belongs to "the Eight Route Army" fighting style, want to help, and ask your friends to comment on the senior forum.

Method eight:If don't guess wrong, your company and the employee's contract is non fixed term contract. There are two ways: one is to find him a serious violation of discipline. The two is that he is incompetent.
Reprinted below, the hope that useful:
Example: a company $300000 management personnel, company wants to open up, and don't want to mess up instead of throw the helve after the hatchet, and tell him, due to the recession now no high-end live to work for him, only to low levels of living, such as every lose data. The staff also clear, know that you are in danger of fire, so to lose data. But the secret one thin, company performance appraisal found him input error rate is on the high side (all lost data good just strange) and ask him to attend the training. The staff went to training, but training for a mid-level managers too stupid too humiliating, anger does not go to the training. But the Ordinary Company staff regulations will provide employees must participate in organized by the company, good business ability training activities, so the company in serious violation of discipline and fired him. The case to the court of final employees lost.
In general, only the enterprises in the legal termination of labor relations, the principle of N+1 is N=, the length of service. But the legal relief refers to strictly according to the legal procedure, including: legal procedures, legal and other conditions.
Speaking from the layoffs, layoffs include: 1 kinds of optimal redundancy. This is usually due to personal reasons such as staff can not work (such as when the enterprise wants to put things right once and for all smooth and clean cut someone, can also be used for employee buckle "incompetent" hat means layoffs). 2 economic layoff. 3 structural redundancy. 2 and 3 are caused because of their own reasons. In this case the staff fully have the right to ask the boss to write a letter of recommendation or request their priority will be to re open the headcount in the company.
When an enterprise wants to cut more than 20 or more than 10% of the total number of employees, form the large-scale layoffs, legal procedures to go is reported to the approval of labor departments:, by the Staff Union approved (non union by employees represent alternative, the same below), which is the legal procedure.
While legal means, 1 enterprises of poor operating conditions, such as enterprises in bankruptcy reorganization period, like the current sanlu. 2 serious difficulties in production and operation of enterprises, serious difficulties here is not enterprises, but enterprises are loss making state, reduce the production cost measures and CUT off the operating costs (including advertising, business entertainment expenses, excessive executive staff income, subsidies and other expenses, or moved to low rent office) after 6 months still a loss. 3 enterprise production, operation mode coincides with the adjustment period, such as a straight battalion mode originally to agents or production by way of manual variable line etc.. Like Siemens before a few years off mobile phone business, cutting off the mobile phone division staff.
When the enterprise unilaterally in do not meet these conditions to terminate the labor contract, if the consultation with employees, employees (silly or stupid off or by HR spend the) signed her to agree to terminate the contract, the enterprise will pay N+1 compensation. If employees understand the labor law and not too easy and accurate or not, he may bring a lawsuit to the company.
An enterprise Q: to cut signed 3 years contract employees, the employees work only 7 months, and 2 years 5 months or 29 months of labor contract is not fulfilled, then the enterprise most likely need to pay compensation to cut him?
A: if the employee is not a fuel-efficient lights, he can ask for 2 years zero five months all salary as compensation
Generally this kind of litigation and Arbitration for a period of one year, the employee may appeal, request within eleventh months: restore the original labor contract dismissal, revocation, compensation for unlawful dismissal wage loss during. If the employee is successful, the enterprise must pay 11 months +3 months (assuming the time-consuming 3 months) and continue to perform the contract. But this time, employees and take a compensation but not continue to perform the contract, that is to say the enterprise gave the man 14 months salary compensation, but not the press to the 14 months of labor, cut is not cut.
Or they can take another approach, is in the eleventh months to the labor bureau to complain, then this 1 years of arbitration will re zero start, until second November and then filed a lawsuit, ultimately won for 29 months before compensation.
Above is the company law, the unilateral lifting of the labor relations consequences, but if the HR negotiation skill or employees too do not care about their own rights and interests is likely to happen, HR said: you can only get N+1 compensation, I can try to win N+4, staff of anti right field know fired also silly off check out, the parties after the termination of labor relations, is the only light N+4 can be take. (if that helps you to gain N+4 is just talk, it is the only light N+1).