What are the formalities that need to be completed between the employer and the employee when the la

Go to the Labor and Social Security Bureau to terminate the contract, because the signed contracts are all filed in the system of the Labor and Social Security Bureau, and if you can't cancel it, it will affect your next job.

Chapter IV Rescission and Termination of Labor Contracts.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker 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 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.

First, write a resignation application, and after approval, the factory [or itself] goes to the social security bureau to go through the procedures for retirement, and then goes through the unemployment procedures to apply for unemployment benefits. Go to the district social security registration and get the unemployment card at the neighborhood committee.

The certificate of termination of labor relations can be signed and stamped with the official seal, and the certificate can be used to suspend the insurance.

A labor contract refers to an agreement between an employee and an employer that establishes a labor relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The labor contract is legally binding when it is concluded in accordance with the law, and the parties must fulfill the obligations stipulated in the labor contract.

According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer that establishes the labor relationship and clarifies the rights and obligations of both parties. According to this agreement, workers join enterprises, individual economic organizations, public institutions, state organs, social organizations and other employers, become a member of the unit, undertake certain types of work, positions or positions, and abide by the internal labor rules and other rules and regulations of the employer. The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of labor provided by the workers, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the workers enjoy labor protection, social insurance, welfare and other rights and benefits.

Article 48 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 of the Labor Contract Law of the People's Republic of China 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 compensation standard for economic sails stipulated in Article 47 of this Law.

The employer shall go through the following procedures when dissolving or terminating the employment contract:

1. The employee submits a written resignation application;

2. Workers handle work handover, return the company's property, settle loans and other related matters;

3. The human resources department shall handle the resignation procedures for the employee, and the employer shall issue a certificate of termination of labor relations in accordance with the law.

1. What are the resignation procedures?

Resignation procedures: The employee shall notify the employer in writing 30 days in advance of the resignation; The worker shall handle the work handover in accordance with the agreement between the two parties; The employer shall 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. If an employee terminates a labor contract in violation of the law, causing losses to the employer, he shall be liable for compensation.

2. Do I have to wait 30 days for labor dispatch resignation?

Labor dispatch resignation does not have to wait for 30 days, and there are three situations in which an individual proposes to resign:

1. The employee can leave immediately after the termination of the labor relationship in writing, without the approval of the employer;

2. The employee can resign in writing 30 days in advance, and the employee can resign without the approval of the employer;

3. If the employee does not submit his resignation 30 days in advance, the employee will directly submit the resignation letter and leave.

At this time, the employer may demand to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee if the employee violates the law.

The employee can mail the notice of termination of the labor relationship to the employer by courier or ** letter, so as to facilitate the preservation of evidence. If the employer does not pay the employee's wages or does not go through the resignation procedures for the employee, it may apply for labor arbitration.

3. No housing allowance will be paid to the departing employees.

After the employee has gone through the formalities of resignation and handover in accordance with the law, the employer must issue a certificate of termination of the labor contract (i.e., a resignation certificate), and the employee's salary, deposit and economic compensation must be settled. The employer shall not arbitrarily deduct or default, and the parties concerned may request settlement when going through the resignation formalities. Otherwise, the parties can go to the labor bureau to complain or report the employer's violations of laws and regulations.

When both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Article 50 of the Labor Contract Law.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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.