Under what circumstances an employee may terminate an employment contract

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 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. 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 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.

Under any of the following circumstances, the employee may terminate a fixed-term labor contract, an indefinite-term labor contract, or a labor contract with a term of completion of a certain work task with the employer in accordance with the conditions and procedures stipulated in the Labor Contract Law:

1) The worker and the employer have reached an agreement through consultation;

2) The worker notifies the employer in writing 30 days in advance;

3) The employee notifies the employer 3 days in advance during the probationary period;

4) The employer fails to provide labor protection or working conditions in accordance with the provisions of the labor contract;

5) The employer fails to pay labor remuneration in full and in a timely manner;

6) The employer fails to pay social insurance premiums for the worker in accordance with the law;

7) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

8) The employer uses fraud or coercion or takes advantage of the danger of the employee to cause the employee to conclude or modify the labor contract contrary to his true intentions;

9) The employer exempts itself from statutory responsibilities and excludes the rights of employees in the labor contract;

10) The employer violates the mandatory provisions of laws and administrative regulations;

11) Where an employer forces a worker to work by means of violence, threats, or illegal restriction of personal freedom;

12) The employer directs or forces risky operations in violation of rules and regulations, endangering the personal safety of workers;

13) Other circumstances in which the labor contract may be terminated by laws and administrative regulations. Legal basis: Article 36 of the Labor Contract Law stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 of the Labor Contract Law provides 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. 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 labor conditions in accordance with the labor town's 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: There are three situations in which an employer unilaterally terminates a labor contract: immediate termination, notice termination and economic layoff.

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

Article 25 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) Serious violation of 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) Those who have been pursued for criminal responsibility in accordance with the Cavity Grinding 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 be able to engage in another 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 changing the labor contract through consultation.

Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department.