Case:

 1997Years of Xiao Li to a clothing company as sales manager, the two sides signed5Year of the contract, at the request of the company, she paid5000Yuan deposit.2001 Years due to recession layoffs. But if the cut will not get a deposit, in order to get a large number of deposit, she had to get ready in the company"Application for resignation"Signature. Later, because of the economic compensation and company The lawsuit.

The trial result: rejected Xiao Li for the payment of economic compensation request. According to the "labor law" and the related regulations, the employer terminates the labor contract with the statutory procedures The, shall pay economic compensation to the laborer. But if individuals to resign, the employing unit may not pay economic compensation. According to the "Regulations" economic compensation for breach and termination of labor contract, using single A dissolution of the labor contract, should according to the work period, each full1Years to equivalent1Economy compensates gold month wage, no more than the most12Months; in addition, if the employer fails to provide labor economic compensation Compensation, in addition to the full to the economic compensation, but also according to economic compensation50%Pay additional economic compensation. But in practice, some employers to escape the economic compensation, to take various measures, forcing employees to voluntarily His resignation, and some even misdirect employee, it is unit firing staff, also let the staff to fill in"Quit table". In this case, by the workers to prove difficult to them; and the most unfavorable evidence is resigning Proof"Quit table".

In this case, if the company is downsizing, Department of employer unilaterally cancelling the contract, it shall pay economic compensation. But Xiao Li not proof, so the Court adopted the company's evidence"Quit table", Final Li lost. In addition, the employer can not receive any form of a deposit, has collected shall be refunded. Therefore, if the Xiao Li clear"Resignation"And"Dismissal"The relationship between the relevant provisions of law, see Fixed, can avoid to make their own economic interests from loss.

From looking for the FrenchLaws and regulations: Http://china.findlaw.cn/fagui/