What are the provisions of the Labor Law on the termination of labor contracts?

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What are the provisions of the Labor Law on the termination of labor contracts? What are the provisions of the Labor Law on the termination of labor contracts? Article 24 A labor contract may be terminated upon the consensus of the parties to the labor contract.

Article 25 The employer may terminate the labor contract of Huaikai under any of the following circumstances: (1) It is proved that the worker does not meet the employment requirements during the probationary period; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law. Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after negotiation. Do you understand this explanation?

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Article 39, Paragraph 38 of the latest provisions on the termination of an employment contract stipulate that an employer may terminate an employee under certain conditions and is not required to pay any compensation. Under normal circumstances, if an employer terminates an employment relationship with an employee, it is required to pay a certain amount of compensation and notice payment, and the specific fee is calculated according to the employee's working years, and it is illegal to fail to pay.

What are the latest provisions on the termination of labor contracts?

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Article 39, Paragraph 38 of the latest provisions on the termination of the labor contract stipulates that the employer may terminate the employee under certain conditions, and is not required to pay any compensation. Under normal circumstances, if an employer terminates an employment relationship with an employee, it is required to pay a certain amount of compensation and a notice payment, and the specific expenses are calculated according to the employee's working years, and it is illegal to fail to pay.

Legal basis: Article 39 of the Labor Contract Law [Unilateral termination of the labor contract by the employer (negligent dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment conditions during the early search during the probationary period; (2) Seriously violating the rules and regulations on employing single relatives and being respectful; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request.

Provisions on Termination of Labor Contract: 1. The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) The employee is proved to be ineligible for employment during the probationary period; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employing person; (4) They have been pursued for criminal responsibility in accordance with law.

2. Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance: (1) The employee is sick or injured not due to work, and after the expiration of the medical treatment period, the employee is unable to perform the original job or the work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation.

Article 38 of the Labor Contract Law provides that an employee may terminate a labor contract under any of the following circumstances: (1) Failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

1. The terms of the company's illegal termination of the labor contract are as follows: According to Article 42 of the Labor Contract Law, if the employee has any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: 1. The worker engaged in work that is exposed to occupational diseases and hazards has not carried out a pre-departure occupational health examination, or is suspected of being an occupational disease patient during the period of diagnosis or medical observation; 2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work; 3. Sick or non-work-related injury, within the prescribed medical treatment period; 4. Female employees are pregnant, giving birth, or breastfeeding; 5. Have worked in the unit for 15 consecutive years, and have not missed the statutory retirement age for 5 years; 6. Other circumstances stipulated by laws and administrative regulations. 2. What are the provisions on economic compensation for illegal termination of labor contracts 1. Article 48 of the Labor Contract Law stipulates:

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. 2. Article 87 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of these Measures, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

3. Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. where the brother is more than six months old and 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.

China's labor contract law is very detailed in the terms of the termination of the labor contract, and the reasons for the termination of the labor contract basically have corresponding legal responsibilities in the labor contract law, but the illegal termination of the labor contract is reflected in Article 42. At the same time, these circumstances that fall under Article 42 of the Labor Contract Law are not absolute and cannot terminate the labor contract, for example, pregnancy cannot violate the national criminal law, because the company can dismiss the employee if he is investigated for criminal liability.

Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor 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.

Article 36 of the Labor Contract Law stipulates that the employer and the employee shall terminate the labor contract. There are three ways to terminate a labor contract: one is for the two parties to negotiate to terminate the labor contract; One is the unilateral termination of the labor contract by the employee; Another is the unilateral termination of the labor contract by the employer.

1. What is the basis for the termination of a labor contract under the Labor Contract Law?

Article 36 of the Labor Contract Law provides that an employer and an employee may terminate a labor contract if they reach a consensus through consultation. The termination of the labor contract refers to the early termination of the performance of the labor contract by both parties and the termination of the labor rights and obligations of both parties. Most countries have their own legislation and regulations on the termination of labor contracts, and have their own strict restrictions and procedures.

1) Under normal circumstances, an employee shall give 30 days' written notice to the employer to terminate the labor contract;

2) Under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer:

1. During the probationary period;

2. The employer uses violence, threats or illegal restrictions on personal freedom to force labor;

3. The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

2. What are the types of labor contract termination?

1.The two parties negotiated to terminate the labor contract.

There are no substantive or procedural restrictions on the termination of the labor contract, as long as both parties reach an agreement and the content, form and procedure do not violate the prohibitions and mandatory provisions of the law. If the employer proposes to terminate the labor contract, the employer shall pay the employee severance for the termination of the labor contract.

2.The employee unilaterally terminates the labor contract.

That is, when the conditions prescribed by law are met, the employee has the right of unilateral termination without the need for both parties to reach an agreement through negotiation or to obtain the consent of the employer. Specifically, it can be divided into notice cancellation and immediate release.

3.The employer unilaterally terminates the labor contract.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

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

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

(3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer;

4) The worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the unit, or refuses to make corrections only after being proposed by the employer;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of the Labor Contract Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

The labor contract may be terminated in accordance with Article 36 of the Labor Contract Law. If the employer and the employee consider that there is no need to perform the labor contract, they may terminate the labor contract after negotiation, and the employer shall issue a resignation certificate and a certificate of termination of the labor contract, and the employee shall go through the work handover procedures. The employee may also terminate the employment contract if it is proved that he or she does not meet the employment requirements of the employer during the probationary period.