What does the termination of an employment contract look like?

It should be a notice of termination of the labor contract.

If the employer verbally says that they will dismiss you, you should go to work on time without receiving a formal written notice (with an official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you won't be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) to terminate the labor contract in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer terminates the labor contract in violation of the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Pay attention to keep the written notice and handover list of the employer requiring you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed.

If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

My Space has the legal provisions mentioned above, which you can check out.

There is no fixed format, it is just a notification type file.

The termination of the labor contract is written as follows:

1. Basic information of the employer and the employee;

2. The working time, department and salary of the employee in the employer;

3. The reasons for the termination of the labor contract by the employer;

4. Opinions of trade unions;

5. When to report to the labor management department;

6. The amount of severance paid;

7. The time of notification;

8. Visas and seals of workers and employers.

1. The template for terminating the labor contract is as follows:

Termination of the employment contract.

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: Signature:

Date: Date:

2. The circumstances of termination of the labor contract are as follows:

1. Termination of the agreement;

2. The employee shall be terminated by notice in advance;

3. Unilateral termination by the employee under statutory circumstances;

4. Wrongful dismissal;

5. Non-fault dismissal;

6. Economic layoffs.

1. How should the severance compensation be calculated within one month in advance?

If the company dismisses an employee during the contract period, one month's notice does not require other compensation. According to the provisions of the Labor Contract Law, if the employer unilaterally terminates the labor contract (dismissal without fault), the employer may terminate the labor contract after notifying the employee or himself in writing 30 days in advance or paying the employee an additional month's salary.

2. The employer is not required to pay severance to the employee if the employer unilaterally terminates the labor contract (wrongful dismissal). 3. If the employer terminates the labor contract in violation of the law, the employer shall pay compensation to the employee.

Article 38 of the Labor Contract Law of the People's Republic of China stipulates that an employee unilaterally terminates a labor contract.

The employee may terminate the 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 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 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 under which the employee may terminate the labor contract as stipulated 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 terminate the labor contract immediately without prior notice to the employer.

The company compensates employees for one year of compensation work, and the standard of this salary is the average salary of the employee in the last 12 months. The economic compensation shall be paid to the worker according to the number of years of work of the spring traveler in the unit, and the standard of one month's salary 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.

But you can't resign yourself and leave without compensationThere is also the matter of social security, and the employer must be required to make up for it, and this opening cannot be loosened.

15 years of pension and 25 years of medical insurance.

Don't resign and wait for dismissal, there is compensation for your own resignation and no money to make up, you can ask me later.

Agreement on Termination of Labor Contract Party A: Party B: Party A and Party B signed a one-year labor contract on the date, and now Party A and Party B agree to terminate the labor contract relationship. By mutual agreement, this Agreement is signed as follows:

1. From the date of xx-xx-xx, the labor contract signed by both parties shall be terminated, and the rights and obligations of both parties shall be terminated;

2. Party B's salary is settled to the date of resignation, and the payment time is Party A's normal salary payment time. Party B's bonus is RMB, travel expenses, transportation expenses, mobile phone fees and other expenses are totaling RMB, and the above expenses are subject to deduction of income tax, and Party A agrees to pay Party B in a lump sum within three days after Party B completes the work handover procedures.

3. Party A agrees to pay Party B a total of RMB for economic compensation. (Before tax) Party A agrees to pay Party B in a lump sum within three days after Party B completes the work handover procedures.

4. Party A shall pay the basic endowment insurance, basic medical insurance, unemployment insurance, work-related injury insurance, maternity insurance, and housing provident fund for Party B until the date.

5. Party A shall provide Party B with the certificate of termination of the labor contract and go through the relevant withdrawal procedures in accordance with the relevant labor laws and regulations;

6. Party B shall properly handle all the work transfer procedures within 3 days after the signing of this agreement, and shall not do anything damaging to the company's reputation or interests after resignation.

7. Party B shall keep confidential any business secrets (including the content of this agreement) of Party A in its possession, and shall not disclose them to any third party, otherwise Party A shall pay liquidated damages.

8. There is no non-compete agreement between Party A and Party B, and Party B does not need to perform any non-compete obligations after the contract is terminated.

9. This Agreement is all the arrangements and provisions for resolving labor disputes between the two parties, and there is no other labor dispute between the two parties. This agreement shall be made in triplicate, each of which shall have the same legal effect, and Party A and Party B shall each hold one copy of the file, and the other copy shall be kept in Party B's own file. It shall be established and enter into force on the date of signature by both parties.

Party A (seal): Party B (signature or seal): legal representative or authorized representative (signature or seal):

In judicial practice, the determination of the termination of a labor contract should be based on the actual reasons, and if the employer forcibly terminates the labor contract, it may pay double the economic compensation in accordance with the circumstances prescribed by law, but if the employee has violated the law, it is not necessary to pay it.

Hello, according to the relevant laws and regulations of our country, the difference between the agreement on the termination of labor relations and the agreement on the termination of the labor contract is as follows: the termination of the labor contract is the signing of the labor contract between the two parties, and the termination of the labor relationship also means that the two parties have a de facto labor relationship, and only this layer of meaning.

The termination of the agreement has the following characteristics:

l) Both parties have equal rights to request termination of the labor contract. Either the employee or the employer can take the initiative to request the other party to terminate the employment contract relationship.

2) The labor contract can only be terminated after an agreement can be reached through equal and voluntary consultation between the two parties, and neither party can impose its own will on the other party.

3) The termination of the agreement shall not be subject to the same conditions as the termination of the labor contract.

4) If the employer proposes to terminate the labor contract, it must pay severance to the employee in accordance with the law. If the employee proposes to terminate the labor contract, if it causes economic losses to the employer, he or she shall be liable for compensation.

Hope it helps.