The employment agreement is terminated and signed. How do I terminate an employment agreement?

1. Communicate with the school and say that it was lost (because the school did not stamp it);

2. The school has not yet stamped and the agreement has not yet taken effect, and your situation is not a breach of contract;

3. Communicate with Company B, to be honest, and hope to sign a company's version of the two-party agreement.

Legal analysis: After the employment agreement is signed and takes effect, in principle, it cannot be terminated at will. If it is necessary to change the employment agreement due to special circumstances, the following procedures must be completed:

1) Obtain the consent of the original employer, terminate the contract with the original employer, and issue written termination materials to return the original employment agreement;

2) The application submitted by the graduates themselves will be approved by the teaching college.

3) The Enrollment and Employment Management Office of the University shall be responsible for the renewal of the employment agreement according to the approval of the teaching college.

Legal basis: Civil Code of the People's Republic of China

Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 477: Where the expression of intent to revoke an offer is made in a conversational manner, the content of the expression of intent shall be known to the offeree before the offeree makes the acceptance; If the expression of intent to withdraw an offer is made by non-dialogue, it shall reach the offeree before the offeree makes such an acceptance.

Legal analysis: If one party proposes to change the first orange of the agreement, it needs to obtain the consent of the other two parties, and the breaching party shall bear the liability for violating the contract. In fact, the tripartite agreement is not mandatory for the company, and if the graduate requests the company to terminate the contract, he or she can not come to report, but the company has no obligation to issue a termination letter.

Legal basis: Article 585 of the Civil Code of the People's Republic of China The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Legal analysis: Communicate with the human resources department of the original agreement unit to confirm the process and risks of handling the contract, and the time required to handle the procedures. Submit a written application to the school's employment department, and communicate with the school's career guidance office to confirm the required supporting documents and the time of issuance of the new agreement.

If you need to pay liquidated damages, you must pay attention to the relevant receipts or bills issued by the company, and there must be a written notice of termination or a letter of termination. Submit the termination letter and the original employment agreement to the school's career guidance office, and follow up the progress of the employment agreement in a timely manner to avoid delaying the signing of the new company.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

Legal analysis: The employer and the employee can terminate the labor contract if they reach a consensus through consultation.

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

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.