Can the company negotiate to terminate the employment contract if I am asked to stay on duty?

Step 1: Resign one month in advance.

Step 2: Wait for your supervisor to approve your resignation.

When an application for separation is submitted, the exact time of the request for separation must be indicated. After the supervisor approves and signs, you can leave the company at the indicated departure time.

Step 3: Work docking.

After waiting for the supervisor's approval, you can start the work matching. Tell the colleagues who take over the work and precautions at hand. For example, the plan, and related information, etc. As long as it is done well, it can reduce a lot of trouble.

Step 4: Return the item.

Once the work is docked, the items can be returned. For example, important keys, work cards, work clothes, tools, etc. are returned to the company, and important information such as the date and signature of both parties on the item docking list should be completed.

Step 5: Go through the procedures for terminating the labor contract, five insurances and one housing fund, and housing provident fund.

The Ministry of Personnel shall stop paying the five insurances and housing provident fund within 10 days. Both parties shall sign the labor contract to terminate the labor contract, and each shall hold one copy. If necessary, you will also need to receive and complete a form of change in social security relationship. In case you may need it when you get to a new unit.

At this point, you can leave your job and work at a new company on the date of departure.

In most cases, the employer and the employee can negotiate the termination of the labor contract.

In the event that you are on the job, the employer may be willing to negotiate the termination of the employment contract.

If the company terminates the labor contract in advance, if the employer illegally terminates the labor contract, the employee may request the employer to pay double the compensation. When an employer terminates a labor contract, it usually has the following circumstances: 1

If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, the employee does not have any of the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer's behavior falls under the illegal circumstances of termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, it shall pay compensation, i.e., 2 months' wages for every year of work; 2.If the termination of the labor relationship between the employer and the employee complies with the provisions of Article 46 of the Labor Contract Law, it shall pay severance payment, i.e., one month's salary for each year of service; In accordance with Article 40 of the Labor Contract Law, if the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice; 3.If the employer proposes to terminate the employment relationship under the circumstances specified in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or give advance notice, and the employer is required to provide evidence and notify the employee in writing to terminate the employment relationship.

Basis of relevant laws and regulations: Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements 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 harm 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 provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 In any of the following circumstances, the employer may terminate the labor contract after notifying the worker in writing 30 days in advance or paying the worker an additional month's salary: (1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) Where there is a major change in the objective circumstances on which the labor contract is based makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

According to the Labor Contract Law, the employer may terminate the labor contract if the 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, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; 5. Those who have been investigated for criminal responsibility in accordance with law.

1. If the company requires you to go home to work, does it provide a written notice or announcement, and it is recommended that you keep relevant evidence, if the company's behavior is illegal, you can claim compensation from the company for illegal termination of labor relations, specifically 2 months of compensation for every full year;

2. If the company's behavior violates one of the provisions of Article 38 of the Labor Contract Law of the People's Republic of China, you can mail a notice of forced termination of labor relations to the company, and you can also require the company to pay economic compensation, which is based on the salary standard of one month paid for one year;

3. The legal basis is the Labor Contract Law of the People's Republic of China

Article 38 A worker 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) Due to this Act.

Article 26.

The labor contract is invalid due to the circumstances specified in the first paragraph;

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.

4. Labor Contract Law of the People's Republic of China

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the worker does not request to continue to perform the labor contract or the labor contract cannot be continued to be performed, the employer shall follow this Law.

Article 87 provides for the payment of compensation.

Compensation for the termination of the labor contract with the employee waiting for work: if the employee fails to receive the salary, he or she will be compensated for one month's salary for each full year of employment in the company; If the employee has worked for more than six months but less than one year, it shall be calculated as one year; if it is less than six months, half a month's salary shall be compensated; If the company terminates the contract with it in violation of the law, it will be compensated at double the above standard.

1. How to compensate for the termination of the labor contract by the personnel waiting for work.

1. The severance for the termination of the labor contract after waiting for the post shall be calculated according to the salary during the actual working period.

2. According to the Labor Contract. The Regulations for the Implementation of the Law stipulate: labor contracts.

The monthly wages of economic compensation stipulated in the law shall be calculated according to the wages due to the worker, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If a worker has worked for less than 12 months, the average wage shall be paid according to the number of months actually worked.

Note: In the event of a labor dispute between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is not satisfied with the arbitral award, he or she may file a lawsuit with the People's Court.

2. How to calculate the compensation for the termination of the labor contract by the company.

1. Economic compensation shall be paid to the worker according to the number of years of service 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.

2. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city level divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years. If the employee's monthly salary is not higher than three times the amount mentioned above, there is no limit on the number of years of payment, and it can exceed 12 years. If the monthly wage of the worker is lower than the local minimum wage, it shall be calculated according to the local minimum wage.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China.

Severance shall be paid to the worker according to the number of years of service in the employer and 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.

Article 48 of the Labor Contract Law of the People's Republic of China.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 of the Labor Contract Law of the People's Republic of China.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.