The employee and the company agree to terminate the labor contract The employee submits a resignatio

If the employment relationship is terminated by mutual agreement, the employer shall pay the employee severance and one month's salary for each full year, which is the average salary of the employee in the 12 months before the resignation, and is calculated from the salary payable, without deducting taxes and fees.

If both parties reach an agreement to terminate the employment contract, it is also possible to sign only one document to terminate the employment contract.

Article 46 of the Labor Contract Law.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

How to terminate the labor contract when the employee resigns: The validity of the labor contract is terminated early on the basis of mutual agreement.

1. How to terminate the online labor contract filing.

The steps to terminate the labor contract online are suspicious: 1Proposal for termination of labor contract:

Both the company and the employee have the right to terminate the labor contract; 2.Reach an agreement: the two parties reach an agreement on the basis of voluntary and equal consultation; 3.

After the employee completes the handover of work, the finance department shall settle and pay the employee's salary; If the company proposes to terminate the contract, it shall also settle and pay the employee's economic compensation; 5.Termination of the labor contract: After the above procedures are completed, the labor contract will be terminated as agreed by both parties; 6.

Issuance of resignation certificate: When the labor contract is terminated, the Human Resources Department will issue a certificate of termination of the labor contract, and handle the transfer procedures for the employee's file and social insurance relationship within 15 days.

2. The resignation at the expiration of the contract does not need to be one month in advance.

Resignation does not necessarily require 30 days in advance, and the provisions of the law in this regard are not mandatory, and the specific situation depends on the company's regulations and the agreement in the labor contract. From the perspective of social practice, companies generally propose that employees need to apply for termination of labor contracts 30 days in advance. If the contract expires, the employee's employment relationship with the company is automatically terminated.

Generally, in the event of voluntary resignation, the company is notified in advance.

3. What should I do if the resignation of a temporary worker is not approved?

Resignation does not require approval from the employer. If an employee who needs to resign is a formal employee, he or she may terminate the labor contract by notifying the employer in writing 30 days in advance, without the consent of the employer. If it is during the probationary period, you only need to notify the employer three days in advance to terminate the contract.

Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

After resignation, the employee is not required to sign another agreement to terminate the contract, and the employer shall issue a certificate of termination of the labor contract in a timely manner. The law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when the labor contract is terminated or terminated, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

1. What should I do if the unit does not apply for unemployment benefits?

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. If the employee does not issue a certificate of termination or dissolution of the labor relationship, the employee may file a complaint with the labor inspectorate, who shall order him to make corrections.

2. Do I still have to work in the company when the factory quit time?

On the date of resignation, the employee does not need to go to work again, and has the right to request the employer to go through the resignation procedures in accordance with the law. According to the law, Article 50 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

3. What are the circumstances under which the company does not need to pay compensation for the dismissal of employees?

There are several situations in which a company fires an employee without compensation:

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty or malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections;

5. Those who have been investigated for criminal responsibility in accordance with law.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

Article 50 of the Labor Contract Law.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Legal analysis: If the employer and the employee leave the company after reaching a consensus through consultation, the labor contract may be terminated; If the employee leaves the company after giving 30 days' written notice to the employer and then leaves the job at the expiration date, the labor contract may be terminated with 3 days' notice during the probationary period; If the employer falls under one of the circumstances provided for in Article 38 of the Labor Contract Law, the employee shall terminate the labor contract immediately without prior notice if the employee voluntarily resigns; Other.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee enter into a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.