Where to handle the termination of the labor contract?

Updated on society 2024-04-20
14 answers
  1. Anonymous users2024-02-08

    Terminate the labor contract! There is a distinction between voluntary dismissal and forced resignation. You can handle it yourself at your labor unit!

    1. I am .........If the employer infringes on your legitimate rights and interests, it is best to state the reason so that it can be proved later. If the employer does not infringe on your rights and interests, you can write personal reasons), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;

    2. Please notify the company in writing (the notice must have a company seal, otherwise it is invalid) I hand over the work with someone on a certain day, if I do not receive a valid written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;

    3. On the date of handover of work, please settle the salary and other related expenses stipulated in the Labor Contract Law in accordance with the provisions of Article 9 of the Interim Provisions on the Payment of Wages, and provide me with the certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).

    For details of the time of payment of wages when the labor contract (or labor relationship) is terminated, please refer to Article 9 of the Interim Provisions on Payment of Wages, and the time of payment of severance is detailed in Article 50 of the Labor Contract Law. 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.

  2. Anonymous users2024-02-07

    The termination of the labor contract is generally handled at the employer.

  3. Anonymous users2024-02-06

    Article 19 of the Labor Contract Law of the People's Republic of China stipulates that the probationary period is included in the term of the labor contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

    From your account, it appears that you have signed a so-called 'probationary employment contract' with Company A. If the employment contract only stipulates a probationary period, the probationary period is not established, and the period is the term of the employment contract. During this period, neither the employer nor the employee can terminate the labor contract in accordance with the provisions of the probationary period.

    The employer must give appropriate reasons before terminating the labor contract, otherwise it is a unilateral voluntary termination of the labor contract, and the employer must give the employee financial compensation.

    No. First of all, the Labor Contract Law clearly stipulates that if the employment contract only stipulates a probationary period, the probationary period shall not be established. Therefore, your employment contract with Company A should be regarded as a short-term employment contract with no probationary period.

    Second, Company B is an affiliate of Company A, and there are two legal ways for your current situation: First, transfer to Company B and continue the length of service. The second is to negotiate with Company A to terminate the labor contract, and then re-sign the labor contract with Company B.

    Third, if you are not willing to continue working, you can refuse the company's request and ask the company to pay financial compensation. If you still want to do it, then it's best to negotiate a solution.

    The most likely solution: negotiate to terminate the employment contract with Company A and re-sign the employment contract with Company B (without probationary period).

  4. Anonymous users2024-02-05

    1. One month in advance, there is no other liability, liquidated damages are illegal, so that clause is invalid 2. No, because you are the one who proposed it.

    3. This problem is troublesome, you are not as good as 1500, the company bears social security, theoretically you can ask for compensation, but you are against your conscience.

    4. The three days of the Spring Festival are 3 times the salary, the other four days are 2 times, the eleventh is also, and the May Day is only 1 day and 3 times the 5, question 4??? Question 3!! You can provide what you can, and the key is whether you are willing to do so.

    6. Look at who proposes, the company can give you a month of compensation, and after 10 days is 2 months, hehe, if the company does not give 1 month in advance, you have to give you 1 month notice.

    7. Deduct wages, and deduct one hour for 1 hour of tardiness.

    Bonus, hahaha.

  5. Anonymous users2024-02-04

    Thirty days' written notice to the company is sufficient.

  6. Anonymous users2024-02-03

    If the term of the labor contract has not expired, the employee shall submit a written request for termination of the contract one month in advance.

  7. Anonymous users2024-02-02

    Don't have to "hold" the breath for a while, if it is true that you have a big gap with the requirements of the job, then the wise person will have the knowledge and experience from the middle, and have an empty cup mentality, but if the other party makes excuses, then how can such a unit be worth staying for a long time? It's also good to see the departure a day earlier!

  8. Anonymous users2024-02-01

    The employee should ask the company to issue a written resignation certificate, and if the company does not give it, he will continue to commute to and from work on time or collect the proof materials of dismissal by the company, and apply for arbitration to the labor arbitration commission to demand the company to pay compensation!

    If the labor contract is terminated in accordance with the law, then the company should pay the employee's seniority salary as compensation!

    If the labor contract is terminated illegally, then the company is required to pay 2 times the salary of seniority as compensation!

  9. Anonymous users2024-01-31

    1. If you want to resign, you only need to tell the employer in writing one month in advance.

    2. Regardless of whether the employer agrees to your resignation, you can automatically not go to work when the month is up.

    3. As long as you tell the employer in writing one month in advance that you are going to resign, it is not a breach of contract, and the employer cannot let you pay liquidated damages, if you have to pay, you can apply for labor arbitration.

    The following are the provisions of the labor contract on resignation, please read the following for yourself.

    Attachment: Labor Contract Law of the People's Republic of China

    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.

  10. Anonymous users2024-01-30

    Hello, because the company is in arrears of wages, you can use this as a reason to apply for arbitration and request an award to terminate your employment contract.

  11. Anonymous users2024-01-29

    Not an expert, but I've handled too many labor dispute cases like yours.

    First of all, if the arbitration award unit terminates the employment contract with you, then you have already terminated the employment relationship with the employer from the date of the effective date of the award, which means that you no longer need to go to work.

    Secondly, the severance money mentioned in the award is equivalent to the compensation that the employer wants to compensate you for the termination of the labor contract, and this money is owed by the employer to you, if the employer does not pay, you can take the award to the court to apply for a payment order.

    In addition, if the severance payment you are talking about does not reach the local minimum wage for 12 months, then the company must first go to court to apply to set aside the award if it wants to reverse the arbitration. If the court decides to revoke the award, then the court will send you a document to revoke the award, and then you can file a lawsuit with the Intermediate Court where the labor dispute arbitration commission is located.

    Finally, if the severance you are talking about exceeds the amount of the local minimum wage for 12 months, then the company can directly file a lawsuit with the Intermediate People's Court where the labor dispute arbitration commission is located, and you are ready to file a lawsuit.

    Please be optimistic about this case, when it comes to the courts, they will only lose, not win.

  12. Anonymous users2024-01-28

    An appeal will not change the entry into force of the original decision. No need to go to work. The main reason for suing is to pay a little less, so there is no need to pay attention.

  13. Anonymous users2024-01-27

    According to the situation where you say that the dispute should be final, the award will take effect upon receipt. Within 30 days from the date of receipt of the award, the employer may apply to the Intermediate People's Court at the place where the labor arbitration commission is located to revoke the award. The application for setting aside does not affect the validity of the original award.

    If the court rules to suspend enforcement, the original ruling to suspend enforcement, and if the employer withdraws its application for revocation of the final award or its application is rejected, the people's court shall rule to resume enforcement.

  14. Anonymous users2024-01-26

    You don't have to go to work at all, and the court will not find you absent from work because you don't go to work during the appeal period, because once the labor arbitration is awarded, it will take legal effect, and you have already terminated the labor contract with the company, so you don't have to worry at all.

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