If I signed a "Resignation Application" when I joined the company, is there any financial compensation when I left?

english.shanghai.gov.cn| August 30, 2024

Article 497 of the Civil Code of the People's Republic of China stipulates that form clauses are invalid in any of the following circumstances: The party providing the form clauses unreasonably exempts or reduces its responsibility, increases the responsibility of the other party, or restricts the other party's main rights; or if the party providing the form clauses excludes the other party's main rights. Article 26 of the Labor Contract Law of the People's Republic of China states that a labor contract is invalid or partially invalid if it exempts the employer from its legal responsibilities or excludes the rights of the employee.

If a company requires new employees to sign a standard resignation application to avoid paying financial compensation, this action is considered an unreasonable exemption of its own responsibilities and a restriction of the employee's legal rights as prescribed by law. Therefore, the content of such a resignation application should be considered invalid and cannot be used as a reason for the company to refuse payment of financial compensation.

Article 46 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall pay financial compensation to the employee under any of the following circumstances: Except when the employee does not agree to renew the labor contract even though the employer maintains or improves the terms and conditions agreed upon in the original contract, the employer shall pay financial compensation if the labor contract is terminated in accordance with the provisions of item one of Article 44 of the law. 

Article 44 of the Labor Contract Law of the People's Republic of China states that a labor contract is terminated under any of the following circumstances: (1) The term of the labor contract expires. Therefore, it can be understood that if a labor contract expires, the employer is legally obligated to provide financial compensation to the employee upon termination of the labor contract.

The purpose of establishing financial compensation by law is to ensure that employees have some financial security during periods of unemployment, alleviating their financial pressure and reflecting the care and support of the state and law for employees. Therefore, unless the employee explicitly waives this right, they should not be deprived of this statutory right.

 

Source: WeChat account of "shrsjwx"