Under what circumstances can a contract be terminated if an employment contract has been signed 10

According to Article 44 of the Labor Contract Law and Article 21 of the Regulations for the Implementation of the Labor Contract Law, the labor contract may be terminated if one of the following circumstances occurs.

1) The expiration of the labor contract;

2) The worker has reached the statutory retirement age or has begun to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer is declared bankrupt in accordance with the law;

5) The employer's business license is revoked, ordered to close down, revoked, or the employer decides to dissolve ahead of schedule;

6) Other circumstances stipulated by laws and administrative regulations.

Hello: You don't have to terminate your contract, you can apply for maternity leave. Female employees are entitled to no less than 90 days of maternity leave, including 15 days of expected maternity leave.

Married women over the age of 23 who give birth to their first child are given birth later, and if they give birth late, the maternity leave will be increased by 30 days, the maternity leave will be increased by 15 days for dystocia (cesarean section and the use of uterine aspirators, forceps and other abnormal normal normal birth surgeries during labor), and the maternity leave will be increased by 15 days for each additional baby born in the case of multiple births.

In addition, the Labor Contract Law of the People's Republic of China

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

According to the Labor Law, your employer will not terminate your contract with you because you are pregnant.

6) Other circumstances provided for by laws and administrative regulations.

Generally, the employer and the employee can terminate the labor contract if they reach a consensus through consultation.

If the employee notifies the employer in writing 30 days in advance, the labor contract may be terminated.

However, if the employer and the employee have agreed on the service period, and the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, it is not a violation of the service period, and the employer shall not require the employee to pay liquidated damages.

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.

In other words, if the employment contract is unilaterally terminated under the above circumstances, the employer may require the employee to pay liquidated damages.

For details, please call or QQ for information.

Female employees' wages must not be reduced, female employees must be dismissed, or labor (employment) contracts or service agreements must be terminated by any unit due to circumstances such as marriage, pregnancy, maternity leave, or breastfeeding, except where female employees request termination of labor (employment) contracts or service agreements.

It is not legal for the company to pay liquidated damages after confirming the pregnancy.

There is no need to pay liquidated damages, and it is enough to resign.

No, you can apply for leave of absence as there will be maternity leave!

Legal analysis: The circumstances in which the labor contract can be terminated after negotiation are:

1. The term of the labor contract with a fixed term expires;

2. The labor contract with a certain period of work has been completed;

3. The termination conditions stipulated in the labor contract within the labor contract limit.

The employer shall not terminate the labor contract upon the expiration of the term of the labor contract during the period of medical treatment, pregnancy, childbirth and breastfeeding. The term of the employment contract shall be automatically extended to the period of medical treatment, pregnancy, childbirth and lactation.

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

Article 29 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1) Suffering from a pure occupational illness or being injured at work and confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

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 original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department.

Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.

According to the Labor Contract Law, the conditions for termination of an employment contract are as follows:

1. The expiration of the labor contract.

The expiration of an employment contract is the most important form of termination of an employment contract, which is applicable to a fixed-term employment contract and an employment contract with a term of completion of a certain work task. Once the agreed period expires or the work task is completed, the employment contract is usually terminated naturally.

2. Workers begin to enjoy basic pension insurance benefits in accordance with the law.

3. The worker dies, is declared dead by the people's court, or is declared missing.

When a worker dies, is declared missing or is declared dead by the people's court because his whereabouts are unknown, as a civil subject and a party to the labor relationship, he can no longer enjoy his rights and obligations, and naturally he cannot continue to perform the labor contract, and the labor contract will be terminated of course.

4. The employer was declared bankrupt, had its business license revoked, and was ordered to close down or revoke it in accordance with the law.

In the course of the performance of the labor contract, the enterprise is declared bankrupt, has its business license revoked, is ordered to close down or is revoked in accordance with the law, which means that the legal personality of the enterprise has been deprived, indicating that the enterprise is no longer able to perform its rights and obligations in accordance with the labor contract, and can only terminate the labor contract.

5. The employer decides to dissolve in advance.

6. Other termination circumstances stipulated by laws and administrative regulations.

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

Article 44 The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; 6) Other circumstances provided for by laws and administrative regulations.

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

1. After the expiration of the labor contract, the employer improves or maintains the working conditions, but the employee still does not renew the contract;

2. The worker has reached the statutory pension insurance period;

3. The worker dies or is declared dead;

4. The employer declares bankruptcy or has its business license revoked.

Legal basis Article 44 of the Labor Contract Law shall terminate the labor contract under any of the following circumstances:

1) The term of the labor contract has expired;

(2) The worker begins to enjoy basic pension insurance benefits in accordance with the law;

(3) The laborer dies, or is declared dead or missing by the people's court;

(4) The employer has been declared bankrupt in accordance with law;

(5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

According to Article 44 of the Labor Contract Law, the labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

(2) The worker begins to enjoy basic pension insurance benefits in accordance with the law;

(3) The laborer dies, or is declared dead or missing by the people's court;

(4) The employer has been declared bankrupt in accordance with law;

(5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.