Under what circumstances can the labor contract be terminated?

If an employer issues a certificate of dissolution or termination of the labor contract to the employee, it proves that the employer and the employee have terminated the labor contract relationship, and if the employer violates the Labor Contract Law and fails to issue a written certificate of dissolution or termination of the labor contract to the employee, and causes damage to the employee, it shall be liable for compensation.

Labor Contract Law

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of 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.

Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

This does not count as a termination of the employment contract. If you want to leave the company before the contract expires, you must sign a separation agreement, which should list the reasons for leaving the company and the responsibilities after leaving the company. Then go through the relevant handover procedures.

If you don't go to work in your original unit and don't go through procedures such as asking for leave, your original employer will not pay pension insurance in the name of absenteeism. The original employer does not have the right to ask the new employer not to hire you, but it can remind the new employer of your professional ethics (if there is an incident).A reminder :

If the labor dispute with the original employer is not resolved, then you will not be able to get the insurance transfer policy, and the new employer will not be able to renew the insurance for you. Because one person has one number. This creates a discontinuity in insurance.

This is not a termination of the contract because you have not yet completed the resignation procedures.

Your employer doesn't have the right to claim that the new employer can't hire you.

Supplement: The letter of consent to resignation presented by the unit is only presented, what can this prove, it can only prove that the unit can let you resign, but you have to completely dissolve the relationship with the unit, you have to fill in the resignation report, sign the leader, sign the finance, etc., have you done all this? If you have completed all these formalities, it proves that you have terminated the employment contract.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II): Article 1 The people's court hearing a labor dispute case shall be deemed to be the "date on which the labor dispute arises" as provided for in Article 82 of the Labor Law in the following circumstances:

1) If the employer can prove that it has notified the employee in writing of the refusal to pay wages in a dispute over the payment of wages arising during the existence of the labor relationship, the date on which the written notice is served shall be the date on which the labor dispute arises. If the employer cannot prove it, the date on which the employee claims his rights shall be the date on which the labor dispute arises.

2) In the event of a dispute arising from the dissolution or termination of the labor relationship, and the employer cannot prove the time when the employee received the written notice of the dissolution or termination of the labor relationship, the date on which the employee claims his rights shall be the date on which the labor dispute arises.

3) In the case of disputes over the payment of wages, economic compensation, welfare benefits, etc., arising after the dissolution or termination of the labor relationship, if the worker can prove that the employer promised to pay the payment on a specific date after the dissolution or termination of the labor relationship, the date on which the employer promised to pay shall be the date on which the labor dispute arises. If the employee cannot prove it, the date on which the labor relationship is dissolved or terminated shall be the date on which the labor dispute arises.

Since you have submitted a written letter of resignation and the employer has also issued a letter of consent to the resignation, it means that the employment relationship between you has in fact been terminated.

The contract is null and void when either party breaches the contract. However, you will have to pay legal liability for breach of contract.

It's not a resignation, so you have to get it right, or you'll be in trouble later.

If the employee meets the conditions of negligent dismissal, the employer may unilaterally terminate the employment contract; If the employer falls under any of the circumstances provided for in Article 38 of the Labor Contract Law, the employee may unilaterally terminate the labor contract; If an employee is dismissed without fault, the employer may terminate the contract with the employee after giving 30 days' notice or paying wages in lieu of notice. Other.

1. How to terminate the de facto employment relationship?

Methods for terminating de facto labor relations: the employer and the employee negotiate the termination; If the employee is dismissed for negligence, the employer unilaterally terminates the employee; If the employee is dismissed without fault, the employer shall notify the employee in writing 30 days in advance or terminate the contract after paying the payment in lieu of notice; Other.

2. How many days in advance should the resignation be submitted during the probationary period.

During the probationary period, the employer shall be notified three days in advance of normal resignation; If the employer falls under any of the circumstances provided for in Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately without prior notice to the employer. During the probationary period, the employer shall not terminate the labor contract at will, except in the case of negligent dismissal or non-negligent dismissal.

Article 39 of the Labor Contract Law of the People's Republic of China.

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 damage to the employer;

4) The worker establishes labor relations with other units that use the traveler 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;

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

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

Legal analysis: (1) Failure to provide labor protection or labor conditions in accordance with the provisions of 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, harming the rights and interests of workers; (5) The labor contract of the orange messenger is invalid due to the circumstances provided for 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. 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. A labor contract concluded in accordance with the law is highly 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 conclude 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.

Legal analysis: 1. The employee has committed a crime and is held accountable for violating the law.

2. Employees seriously violate the company's rules and regulations.

3. Employees engage in fraud for personal gain, causing significant losses to the company.

4. The employee establishes labor relations with other companies, which has a serious impact on the completion of the work of the unit, or does not correct it after being notified by the unit.

5. The worker is sick or injured not in the line of duty, and is unable to engage in the original job or work arranged by the employer after the expiration of the statutory medical treatment period.

6. Employees are not competent for their own work, and are still incompetent for their own work after training or job adjustment.

7. The enterprise has serious business difficulties and needs to lay off employees.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China 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 damage 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 employer, or refuses to make corrections upon the employer's request;

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

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

Regarding the termination of the employment contract:

1. Consensual termination of the labor contract: The labor contract may be terminated upon the agreement of the parties to the labor contract.

2. Termination by advance notice of the employee: The employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.

3. The employee shall be terminated at any time.

4. The employer terminates without fault.

5. Termination by the employer due to negligence.

Legal basis] Article 36 of the Labor Contract Law of the People's Republic of China provides that the employer and the employee may terminate the labor contract if they reach a consensus through consultation.