If the employer unilaterally terminates the labor contract, inform the labor union whether it is a n

It is not a mandatory procedure.

1. According to Article 39 of the Labor Contract Law, the labor union is not required to be notified of the termination of the labor contract.

2. When terminating a labor contract in accordance with Article 40 of the Labor Contract Law, the employer shall notify the employee in writing 30 days in advance or pay the employee an additional month's salary, and the employer may terminate the labor contract without notifying the labor union.

3. In the event of termination of a labor contract due to layoffs in accordance with Article 41 of the Labor Contract Law, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the employer may reduce the number of employees and terminate the labor contract after reporting the layoff plan to the labor administrative department. This provision is also optional, which can be notified to the trade union or explained directly to the worker.

To sum up, it is not a necessary procedure for an employer to unilaterally terminate an employment contract and notify the labor union. Of course, if the legitimate rights and interests of workers are infringed, they can report to the labor union. Trade unions safeguard the legitimate rights and interests of workers in accordance with the law, and supervise the performance of labor contracts and collective contracts by employers.

If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law. (Article 87 of the Labor Contract Law).

If an employer unilaterally terminates an employment contract, it is only required to explain the situation to the labor union in the event of layoffs, and is not required in other circumstances.

Labor Contract Law

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.

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported. Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

According to the provisions of the Labor Contract Law, an employer shall notify the labor union of the reasons for unilaterally terminating a labor contract in advance, so notifying the labor union is a necessary procedure for the employer to unilaterally terminate the labor contract.

No. If there is no lawful reason to terminate your employment contract, they should pay financial compensation. The specific algorithm is as follows:

Years of service * average salary in the previous 12 months *2

One month's salary is paid 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.

No. If workers have any problems with this, they can report them to the union if necessary. It is mainly a matter of rights protection.

According to Article 43 of the Labor Contract Law, an employer shall notify the labor union of the reasons for unilateral termination of the labor contract.

If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections.

The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

At the same time, according to the Interpretation (IV) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, if an employer that has established a trade union organization fails to notify the labor union when unilaterally terminating the labor contract, and fails to supplement and correct the relevant procedures before filing a lawsuit, the people's court will generally support the employee's claim for compensation on the grounds that the employer has violated the termination of the labor contract

Summary. The law authorizes trade unions to supervise the unilateral termination of labor contracts by employers, which is of positive significance in regulating the legal termination of labor contracts by employers.

The unit and the employee terminate the labor contract and inform the labor union of the unit, and the labor union of the unit should do what to do.

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Article 43 of the Labor Contract Law stipulates that an employer shall notify the trade union of the reasons for unilateral termination of the labor contract in advance. If an employer violates the provisions of laws, administrative regulations, or the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

If the labor contract is legally terminated, the union will generally just make a record.

The law authorizes trade union organizations to supervise the unilateral termination of labor contracts by employers, and has a positive intention to regulate the lawful termination of labor contracts by employers.

The law authorizes trade union organizations to supervise the unilateral termination of labor contracts by employers, and has a positive intention to regulate the lawful termination of labor contracts by employers.

The law only stipulates that the labor union shall be notified of the reasons in advance, and does not stipulate that the labor union needs to approve the termination of the labor contract by the employer, which is only a consultation procedure. If the employer deems the opinions or suggestions put forward by the trade union to be correct, it shall give them; If it is considered that the reasons for disagreeing with the termination put forward by the trade union are not valid, it will not affect the employer's decision to terminate the labor contract. Of course, the employer needs to fully assess whether its reasons for terminating the employment are valid.

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The unilateral termination of the labor contract by the company without notifying the labor union will not have an impact, but if the labor contract is terminated without cause, the employee will be required to pay economic compensation. The agreement on the probationary period is considered an employment contract, and the probationary period shall be included in the term of the employment contract. Article 39 of the Labor Contract Law:

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 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.

Labor Contract Law

Article 87.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Labor Contract Law

Article 90. If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

Legal Analysis: 1. If an employer unilaterally terminates a labor contract, it must notify the labor union of the reasons in advance. 2. Unilateral termination of a labor contract by an employer includes the circumstances of giving notice at any time and giving notice of termination.

3. The trade union can only require the employer to correct the unilateral termination of the labor contract by the employer in violation of the provisions of laws, administrative regulations or the provisions of the labor contract. 4. The labor union has put forward its opinions, and the employer must inform the labor union in writing whether it corrects its own wrong behavior or explains the reasons to the labor union. 5. If the employer has not established a labor union, it should actively establish a labor union, otherwise it will face the risk of unilateral termination of the labor contract illegally.

Legal basis: Civil Code of the People's Republic of China

Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be realized due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, but shall notify the other party of the contract within a reasonable period of time.