07Evidence B

Never sign “voluntary resignation for personal reasons”; doing so forfeits your entitlements

Signing a statement that you’re resigning voluntarily for personal reasons typically means you lose both severance pay and eligibility for unemployment benefits. Voluntary resignation isn’t covered under the circumstances that entitle workers to compensation, except in cases where the employer fails to pay wages or neglects social insurance contributions. There’s no need to sign immediately — take a night to think it over.

Cost

No monetary cost. The difficulty lies in resisting the pre…

Benefit

The Labor Contract Law specifies exactly which circumstances qualify workers for severance pay. Voluntary resi…

Cost

No monetary cost. The difficulty lies in resisting the pressure to sign on the spot.

Benefit

The Labor Contract Law specifies exactly which circumstances qualify workers for severance pay. Voluntary resignation doesn’t meet these criteria, unless the employer has committed statutory violations such as wage arrears or non-payment of social insurance. Signing a voluntary resignation form usually results in forfeiting both severance pay and unemployment benefits.

Original sources

全国人大常委会 (2007). 中华人民共和国劳动合同法(2008 年 1 月 1 日施行)(第三十八条、第四十六条). http://www.gov.cn/gongbao/content/2007/content_711013.htm

Open source link
Book note

Employers often claim, “Sign this first to start the process; we’ll arrange compensation separately.” Make sure such promises are written into the agreement before signing; otherwise, refuse to sign. Failing to sign on the same day carries no legal consequences — take time to decide calmly.

My note