Can an individual unilaterally terminate an employment contract?

If an individual employee voluntarily resigns, he or she must submit a written resignation application 30 days in advance, and there is no economic compensation. However, if the employer is at fault, such as failing to provide labor protection or working conditions in accordance with the labor contract, which damages the major interests of the employee, the employee may request the employer to pay economic compensation when the employee resigns.

It is okay for the employee to unilaterally terminate the employment contract, but he or she needs to notify the employer within the statutory time limit. In the procedure for the termination of labor relations in China, if an employee wants to terminate the labor contract, in addition to the termination through consultation with the employer and the exercise of the right to immediate termination in accordance with the law, the employee can unilaterally terminate the labor contract as long as he notifies the employer in writing 30 days in advance.

Legal analysis

Yes, the conditions and procedures for unilateral termination of an employment contract by an employee include the exercise of the employee's general right of termination and the exercise of the right of special termination. 1. Conditions and procedures for the employee to exercise the general right of termination, that is, if the employee wants to terminate the labor contract, in addition to the termination through consultation with the employer and the exercise of the right of immediate termination in accordance with the law, as long as the employer is notified in writing 30 days in advance, the labor contract can be unilaterally terminated. 2. Conditions and procedures for the employee to exercise the right of special termination: The unconditional unilateral termination of the labor contract by the employee in exercising the right of special termination means that the employee can terminate the labor contract at any time without giving notice to the employer if there is a statutory reason.

Due to the immediate resignation, the employer will have a certain impact on the normal production and operation if there is no one to replace the resignation's position temporarily. As a result, the legislation allows for immediate resignation only during the probationary period or in cases where the employer has committed wrongdoing. The employee has the special right to terminate the labor contract unconditionally and immediately, and the unilateral termination of the labor contract by the employee must also be carried out in accordance with the legal procedures.

Legal basis

Labor Law of the People's Republic of China Article 31 A worker shall notify the employer in writing 30 days in advance of the termination of a labor contract.

Labor Contract Law of the People's Republic of China Article 38 An employee may terminate a labor contract under any of the following circumstances: (1) failing 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 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. 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.

Legal analysis: Yes, it is possible for both parties to agree on the conditions for termination in the labor contract, and the termination of the labor contract can be either statutory or agreed. Legal basis

Labor Law of the People's Republic of China Article 36 The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 562 of the Civil Code of the People's Republic of China 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.

The employer may unilaterally terminate the labor contract if the employee falls under any of the following circumstances: serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Serious violation of the rules and regulations of the employer; Those who have been pursued for criminal responsibility in accordance with law; During the probationary period, it is proved that they do not meet the employment requirements; Other.

1. Does probation after drunk driving affect work?

If a drunk driver is given a suspended sentence, the employer may unilaterally terminate the labor contract. The employer may unilaterally terminate the labor contract if the employee falls under any of the following circumstances: the employee is investigated for criminal liability in accordance with the law; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; During the probationary period, it is proved that they do not meet the employment requirements; Serious violation of the rules and regulations of the employer; Other.

2. Can an employee terminate a labor contract if he or she takes drugs?

If an employee takes drugs and seriously violates the rules and regulations of the employer, the employer may unilaterally terminate the labor contract. In addition, the employer may unilaterally terminate the labor contract if the employee has any of the following circumstances: serious dereliction of duty, malpractice for personal gain, causing significant damage to the Yinren unit of Yongzhi Town; During the probationary period, it is proved that Luchun does not meet the employment requirements; Those who have been pursued for criminal responsibility in accordance with law; Other.

3. How to compensate for the termination of the contract during the probationary period.

There is no compensation for dismissal during the probationary period because they do not meet the employment requirements. The law stipulates that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period.

2) Serious violations of the employer's rules and regulations. (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 employer, or refuses to make corrections upon the employer's request.

5) The labor contract is invalid due to statutory circumstances. (6) Those who have been pursued for criminal responsibility by a violent banquet in accordance with law.

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) Serious violations of the employer's rules and regulations.

(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 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.

Legal Analysis: An employee can unilaterally terminate an employment contract. The employee may terminate the labor contract under any of the following circumstances:

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 and harm the rights and interests of workers;

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 worker conclude a labor contract before the auction or reemployment, the labor 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.

The employee may unilaterally terminate the employment contract. The employer may terminate the labor contract under any of the following circumstances: (1) the employee fails 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, harming the rights and interests of those who have repented of labor.

Legal basis: Article 3 of the Labor Contract Law of the People's Republic of China 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 duties of filial piety 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 and posture. 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.

In principle, the termination of the labor contract by the employee needs to be agreed with the employer through negotiation. However, it is not that the employer does not agree with your resignation, so you cannot resign.

There are four main ways for an employee to terminate a labor contract:

1. Termination through negotiation.

According to Article 36 of the Labor Contract Law, the employer and the employee may terminate the employment contract if they reach an agreement through consultation.

2. Notice of termination.

Article 37 of the Labor Contract Law: 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.

3. Unilateral termination.

Under the following circumstances, the employee may terminate the contract immediately without prior notice to the employer.

1) The employer forces the worker to work by means of violent force, threats or illegal restriction of personal freedom;

2) The employer violates rules and regulations by directing or forcing risky operations to endanger the personal safety of employees.

4. Terminated due to illegal or breach of contract by the unit.

Article 38 of the Labor Contract Law stipulates 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) Failure to pay social insurance 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 employees;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances stipulated by laws and regulations.

If you leave your job without authorization, beware of liability for breach of contract.

In practice, there are often employees who want to leave their jobs as soon as possible due to their own reasons, but they cannot wait for the statutory 30-day deadline and choose to leave without saying goodbye.

This kind of behavior of the employee who does not say goodbye is actually an illegal termination of the labor contract in the early stage, and there is a risk of compensating for losses.

Labor Contract Law

Article 37: An employee may terminate the 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 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.

Article 4 of the Measures for Compensation for Violation of the Provisions of the Labor Contract:

If an employee terminates the labor contract in violation of the provisions or the provisions of the labor contract, causing losses to the employer, the employee shall compensate the employer for the following losses:

1) The fees paid by the employer for recruiting and employing it;

2) The training fees paid by the employer shall be handled in accordance with the agreement if otherwise agreed by both parties;

3) Direct economic losses caused to production, operation and work;

4) Other compensation expenses as stipulated in the labor contract.

If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of service. The salary scale is calculated based on your average salary for the 12 months prior to your departure.

If the company has illegal reasons such as arrears of wages or deduction of wages, or unilateral transfer of your position or reduction of your salary, you can be forced to resign or indeed have difficulties in production and operation to terminate the company, and there is compensation, and one month's salary will be compensated for each year of work.

At the same time, you can ask the company to settle the full salary.

If the company negotiates with you to terminate the employment contract, you shall pay one month's salary for each year of service as compensation.

If an employee voluntarily resigns, there is no severance payment.