There should be several stamps on the certificate of termination of the employment contract

The certificate of termination of the labor contract should have an official seal. 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.

Labor Contract Law

Article 50 The employer shall, upon dissolution or termination of the labor contract, 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.

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.

Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Terminating an employment contract does not have to be so cumbersome, it only needs to be stamped or signed by the employing company or individual, and signed by the employed party.

Give you a sample of the contact employment contract, and you will understand it when you look at it.

Termination of labor contract (agreement).

Party A: Party B:

As a result of making it impossible for the parties to continue to perform the contract.

After consultation between Party A and Party B, it was unanimously agreed that:

1. The labor contract signed by Party A and Party B will be terminated on the date of xx, and if there is any economic compensation and unsettled wages, Party A shall pay it together with the next wage payment date from the date of termination.

2. Party B has no objection to the termination time of the labor contract and the payment time of economic compensation and unsettled wages.

From the date of termination of the contract, Party A and Party B shall not bear other responsibilities for each other and shall not perform other terms of the labor contract.

Party A: Party B:

Attn: Signature (seal):

Signature: Date: Date:

If it's a page, it's a chapter. The multi-page will also have a riding stamp.

Generally, there should be the official seal of the human resources department of the unit and the administrative seal of the legal entity.

The certificate of termination of the labor contract shall be closed in triplicate, one copy of the stub shall be kept by the employer, one copy shall be handed over to the employee for preservation, and the other shall be released to the employee's file. It should be signed and sealed by the company and the worker! If the original is not enough, you can ask the unit that received the original to affix a fresh seal on the copy, and indicate that this copy is consistent with the original, and where the original is kept.

2. Conditions for the employer to terminate the labor contract.

If the employee is proved to be incompetent for the job, and the employer is still incompetent for the job after training or job adjustment, the employer shall bear the burden of proof for terminating the labor contract. According to Article 40 of the Labor Contract Law, if an employee is proved to be incompetent for the job and is still incompetent after training or job adjustment, the employer may terminate the labor contract after performing the advance notice procedure. The following two conditions must be met at the same time for the application of this provision to terminate the employment contract:

1. The worker is proved to be incompetent for the job.

Incompetence refers to evidence that the employee is unable to complete the work tasks agreed in the labor contract or the workload of personnel of the same type and position as required. This requires employers to clarify the content of the employee's work when signing an employment contract with an employee, and in the case of a specific industry, the workload. If there is no clear workload when signing the labor contract, it can only be determined by referring to the workload of personnel of the same type of work and the same position, and generally speaking, the average workload of personnel of the same type of work and the same position should be referred to, and the highest workload of the same type of work and the same position should not be referred to.

Therefore, providing the average workload of the same type of work and the same position in the unit has become an important evidence that the worker can prove that he is not competent for the job.

2. After training or transfer, they are still incompetent for the job.

In other words, there is a procedure for the employer to terminate the labor contract: it must first train or transfer to another position, and if it cannot meet the requirements of the new position, the labor contract can be terminated. It should be pointed out that the suspect worker is not qualified for the job, and must be able to prove it.

In order to prevent the risk of failure to provide evidence when terminating the employment contract, the enterprise needs to determine the workload of the employee in the employment contract or in the job description, and if the employee is trained for this reason, it also needs to keep the corresponding training materials.

Regarding the termination of the labor contract, it is proved that the employer and the employee can terminate the labor contract if they reach an agreement through consultation. Termination of an employment contract through negotiation There are no substantive or procedural qualifications.

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 a worker in accordance with the relevant provisions of this Law, it shall be paid 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.