What are the circumstances under which the employer unilaterally terminates the labor contract befor

Both the employee and the employer have the right to unilaterally terminate the labor contract.

Labor Contract Law.

Article 38 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 provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the 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 under which the labor contract may be terminated 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.

Article 39 The employer may terminate the labor contract if the worker 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.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

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 labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

According to the provisions of the Labor Contract Law, it can be divided into three categories: faulty dismissal, non-faulted dismissal and economic layoff.

1. Faulty dismissal refers to the termination of the labor contract by the employer if one of the employees is subjectively at fault. Article 39 of the Labor Contract Law stipulates six circumstances for wrongful termination. Namely:

Proven non-compliant during the trial period? with conditions; Serious violation of the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; The employee 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; The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; Those who have been pursued for criminal responsibility in accordance with law. In these six cases, the employee is not required to be notified in advance, and the employer is not required to pay severance compensation, but the employer must be reasonable and evidence-based in the dismissal of the employee who violates discipline, and keep the relevant evidence.

Otherwise, if the employee files a labor arbitration or lawsuit, the employer cannot provide valid evidence to prove that the employee violated the company's system, and will bear the adverse consequences.

2. Non-fault dismissal refers to the termination of the labor contract by the employer when one of the employees is not subjectively at fault. Article 40 of the Labor Contract Law stipulates three circumstances. Namely:

The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation. In these three cases, the employer may terminate the employment contract after giving 30 days' notice or paying the employee an additional month's salary. In this case, the employer is required to pay the employee severance if the contract is terminated.

Legal Analysis: In the case of unilateral termination of the labor contract by the employer before the expiration of the labor contract, the employer unilaterally terminates the labor contract according to Article 39 of the Labor Contract Law.

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

Article 39 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 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.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to engage in the work of the original son after the expiration of the prescribed medical treatment period, nor can he engage in 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 of the labor contract that the labor contract relied on, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Legal Analysis:1Before the contract expires, the employee may terminate the labor contract through consultation with the employer.

The employer may also terminate the labor contract by giving 30 days' written notice to the employer. 2.Article 37 of the Labor Contract Law stipulates that 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.

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. This is a difference.

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.