Do I need to ask for a dismissal certificate when my company dismisses an employee? What should I do if the company dismisses me forcefully?

I believe that many people would not easily choose to resign, but it is different if they are fired by the company. Although they are employees of the company, the company cannot fire employees at will. The Labor Law also has corresponding regulations and requirements to protect the interests of employees. If the company needs to give a written notice when firing an employee, do you need to ask for a certificate of dismissal? What should you do if you are forcibly fired?

When a company fires an employee, does it need to ask for a certificate of dismissal?

The letter of dismissal is the only proof that the company has unilaterally terminated your employment contract. If there is no letter of dismissal, it means that the dismissal does not exist. You can ask the company to show you the letter of dismissal. If they refuse to issue it, you can continue to work in the original position until they issue the letter of dismissal. Remember, the letter of dismissal must have the company's official seal.

The reason why the company is unwilling to issue a letter of dismissal is to avoid you asking them for compensation. Because if the employee applies for labor arbitration and claims that the company has illegally dismissed the employee, the company will need to bear matrix liability if the employee holds the dismissal notice in his or her hands.

What should I do if the company forcibly dismisses me?

If the company verbally notifies you not to work anymore, and your fingerprint card has revoked your punch-in qualification, then the company has unilaterally terminated your labor contract with you. If the company does not discuss with you about terminating the labor contract and providing financial compensation, you can bring your ID card and the labor contract signed with the company to the local Labor and Social Security Bureau to file a complaint or apply for a ruling. If the company did not sign a labor contract with you when you joined, you must bring your previous salary slip and proof that you work for the company (work card and the like) to the Labor and Social Security Bureau for registration to be valid (it is also illegal for the company not to sign a labor contract with you) (if no contract is signed, you can ask for compensation instead of compensation).

However, you should still remember to go to get off work and leave on time during this period, and pretend that this incident never happened. It is best to send an email to the company's HR department to inform them that the company's time clock machine is broken and cannot punch in normally. At the same time, keep the relevant emails, so as not to give the company a handle that you did not go to work or were absent from work, and try to save the work content materials in the future (including but not limited to work emails, work content videos and photos, etc.).

Secondly, use the period of employment to collect evidence that is favorable to you for future arbitration. Evidence includes (audio or video recordings of verbal notices of dismissal from company leaders and personnel, monthly payrolls, social security payment records, etc.). The reason for keeping payrolls is that the boss may not pay you this month, so you can use previous payrolls to prove that wages are paid at this time of the month and what the wage structure is.

Third, collect some materials such as your contract during employment, offer email, work content manual, etc. to prove that your work content does not violate the company's work content. It is best to find materials on the company's monthly performance statistics.

These are all preparations for obtaining more compensation in arbitration. In addition, you can also find more faults of the company, such as overtime pay, triple salary for unused annual leave, severance pay, notice pay, etc., to give the company's personnel a head start. If the labor bureau finds it inappropriate, it will erase your claim, but if you don't mention it, then it will be gone.

Calculation of compensation for dismissed employees

1. If you have a letter of dismissal, the company must provide evidence to prove that the reason for your dismissal is consistent with the reason in the letter of dismissal. Otherwise, it is illegal dismissal and the company needs to pay you 2N as dismissal compensation;

2. Even if the company produces evidence of your dismissal, as long as you have the dismissal letter in your hand, the company still needs to pay you economic compensation N for the termination of the labor contract.

ps: If the company does not give you one month's notice before dismissal, you can ask for an additional one month's notice pay, for a total of N+1 compensation.

3. If the company forcibly removes your fingerprints or your office supplies, you can terminate the labor contract with the company on the grounds that the company "failed to provide working conditions" and require the company to pay you economic compensation N;

4. If the company does not pay you the salary for the time you have been in the company, you can terminate the labor contract with the company on the grounds that the company "has not paid the full salary" and require the company to pay you economic compensation N.

However, in the cases of points 3 and 4, you must record a video every day when you go to work to show that you have indeed come to work. The purpose of doing this is to prevent the company from not allowing you to punch in and dismissing you for absenteeism.

Related News

When the evidence is equal, labor arbitration usually favors the workers. After all, the workers' ability to collect evidence is far weaker than that of the employer.

More importantly, your appeal is not to stay in the company, but to gain more benefits for yourself. Then the company will consider that now that you have evidence, the possibility of winning the labor arbitration case is higher. Should they just spend some money to get rid of you?

If you feel that the company may take action against you, please collect evidence that is useful to you as early and as comprehensively as possible.

Normally, when you receive an email expressing your recognition, you should save it carefully, as it may come in handy someday.