What should be paid attention to in the termination contract, and how to get the termination of the

There is nothing to pay attention to, since the company dismisses you, you need the company to issue a written notice of dismissal, or a notice of termination of the labor contract. You must not write a resignation report or anything like that. Otherwise, you're quitting.

You must keep what is sent to you and not lose it. In case of a dispute between you, this is important evidence.

If the company does not dismiss you in accordance with the regulations, it means that you are dismissed illegally, and the financial compensation given to you will be doubled. If you serve for more than half a year, even if it is more than one day, it will be exceeded. Then the employer should pay you one month (legal dismissal) or two months (illegal dismissal).

Moreover, the employer must send you a written notice of dismissal 30 days in advance, which means that you have the right to work for another 30 days after the dismissal is issued. If you are not allowed to work for enough time, then this time is also paid. That is to say, if you are asked to hand over and leave in a week, then you will be paid not a week's salary, but a month.

Unless you give up the job offer and voluntarily leave early.

When you go, you can't sign the voluntary resignation application, so you can't get compensation, if you have to sign you should write like this: Upon the request of the employer, both parties agree to terminate the labor relationship.

If you are not grossly at fault or have caused serious losses to the company, the company will pay you severance based on your years of service in the company.

It should be noted that: 1) The termination of the contract is generally only applicable to the situation of unilateral breach of contract, and it is more complicated in the case of breach of contract by both parties, depending on which party's breach of contract is a fundamental breach of contract, and the exercise of the right of termination depends on the specific circumstances.

2) From the perspective of self-protection, it is not necessary to terminate the contract as long as the other party breaches the contract, but to judge whether such a breach of contract is a fundamental breach of contract, and whether it is possible to avoid causing greater losses to oneself if the termination measures are not taken. In other words, the right to rescind the contract must be exercised for a legitimate purpose.

3) From the perspective of transaction costs, the termination of the contract means that the transaction fails, and one party will terminate the contract if it breaches the contract, which will bring heavy transaction costs to the market transaction, and bring impact and damage to the market transaction order and security.

4) Generally speaking, if the purpose of the contract is linked to the main obligation of the contract, the breach of the main obligation will make it difficult to achieve the purpose of the contract, and the simple breach of the ancillary obligation arising from the principle of good faith will generally not lead to the loss of the purpose of the contract and cannot be terminated on this basis.

5) Improper performance and termination of the contract. Improper performance means that the goods delivered by the debtor do not meet the quality requirements stipulated in the contract, that is, the performance is defective. If the defect is not serious, it is generally required to be remedied by price reduction and repair, rather than being terminated.

If the defect itself can be repaired, the non-breaching party has the right to require the breaching party to repair the defect. Giving the non-breaching party the right to have the defect repaired actually gives him an opportunity to repair the defect and thus avoid rescission of the contract.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee has one of the circumstances of the old age collapse

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; Min Han changed.

6) Those who have been pursued for criminal responsibility in accordance with law.

According to Article 39 of the Labor Contract Law, a public institution may terminate a labor contract if an employee falls under any of the following circumstances: 1) the employee is proved to be ineligible for employment during the probationary period; 2) Seriously violating the rules and regulations of the employer; 3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; 4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; (5) The labor is good and the contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; 6) Those who have been pursued for criminal responsibility in accordance with law. Legal basis Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements; 2) Seriously violating the rules and regulations of the employer; 3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; 4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; 5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

When the labor contract expires, the company shall notify the employee 30 days in advance before the expiration of the contract, and assist the employee in completing the resignation procedures and pay economic compensation. If the company does not do this, and explains that it dismisses itself, it violates the provisions of the Labor Contract Law, and it is recommended to report it to the Labor Bureau and the Arbitration Commission for handling.

1. Can an employee leave the job directly after the expiration of the labor contract?

When the labor contract expires, you can go directly. In accordance with the relevant laws and regulations, the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. However, the expiration of the labor contract is a natural termination of the labor contract, and after the expiration of the formal employee contract, the employee can leave directly if he is unwilling to renew the labor contract.

As long as there is no provision in the contract that the employee is required to notify the employer in advance, the employee has no obligation to notify the employer 30 days in advance, and only needs to go through the resignation procedures.

2. What should I do if the labor contract is not renewed when it expires.

If the labor contract expires, the company shall give 30 days' notice if it does not renew it. If the employer maintains or improves the terms of the labor contract and renews the labor contract, and the employee does not agree to renew the labor contract, the employer shall pay economic compensation to the employee if the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.

What are the consequences of the company not renewing the labor contract when it expires?

If the company does not renew the labor contract at the expiration of the labor contract, it shall pay economic compensation, unless the company maintains or improves the terms and conditions of the labor contract to renew the labor contract, unless the employee does not agree to renew the labor contract or the employee voluntarily proposes not to renew the labor contract. Severance compensation is paid to the employee according to the number of years of service for the company, and the employee is paid one month's salary for each full year.

Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

Summary. Hello dear, happy to answer your <>

The Termination Contract Agreement is usually signed in the following cases:1An agreement is reached between the employer and the employee, and both parties agree to terminate the employment relationship.

2.The employer finds that the employee has violated the terms of the employment contract and needs to terminate the employee. 3.

The employee resigns, and the employer agrees to terminate the employment contract. In these cases, the parties may sign a termination agreement to clarify the rights and responsibilities of both parties, as well as the specific details and conditions of termination. Signing a termination contract agreement can help avoid subsequent disputes and legal problems.

Under what circumstances is the termination contract agreement signed?

Hello dear, happy to answer your <>

The Termination Contract Agreement is usually signed in the following cases:1An agreement is reached between the employer and the employee, and both parties agree to terminate the employment relationship.

2.The employer finds that the employee has violated the terms of the employment contract and needs to terminate the employee. Rift Volt 3

The employee resigns, and the employer agrees to terminate the employment contract. In these cases, the parties may sign a termination agreement to clarify the rights and responsibilities of both parties, as well as the specific details and conditions of termination. Signing a termination contract agreement can help avoid disputes and legal problems with subsequent renunciation.

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