Can I terminate my contract with my employer? Can the employer terminate the contract directly?

Hello: According to Article 38 of the Labor Contract Law, the employee may terminate the 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.

The minimum wage refers to the minimum standard for workers to be paid by the workers according to the local economic level. No matter how much the salary is set, after paying social security contributions, it must not be lower than the minimum wage.

If the employer does not pay the wages in full, the contract can be terminated.

If there is no rest on statutory holidays, you can ask the employer to pay overtime pay and arrange rest, and if the employer does not agree, you can also terminate the labor contract.

Any person who terminates a labor contract in accordance with Article 38 shall be entitled to severance payment.

Everything depends on the contract you signed at the beginning and the agreement above.

The employer can only terminate the labor contract with the employee under the statutory circumstances, otherwise, it will be illegal to terminate the contract. The statutory circumstances mainly include the following four situations:

1. Termination through negotiation. Article 36 of the Labor Contract Law provides that an employer and an employee may terminate a labor contract if they reach a consensus through consultation.

2. Fault discharge. Article 39 of the Labor Contract provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances:

1) It is proved that they do not meet the employment conditions during the probationary base cover erection;

2) Seriously violating the rules and regulations of the employing unit;

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

4) The employee 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) 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 investigated for criminal responsibility in accordance with law.

3. Non-fault discharge. Article 40 of the labor contract provides that under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee 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 not competent 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 labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

4. Economic layoffs.

1. How to compensate for the forced termination of the labor contract by the unit.

The unilateral forced termination of the labor contract by the employer is required to pay compensation. Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee at the rate of one month's salary for each full year of service in the employer. 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

2. What is the process for an employee to terminate a labor contract?

China's labor law stipulates that an employee only needs to notify the employer in writing 30 days in advance when terminating a labor contract. In fact, the employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract. In other words, if an employee wants to terminate the labor contract, he must notify the employer in writing 30 days in advance, otherwise he will be illegally terminated the labor contract and shall bear the corresponding legal liability in accordance with the law.

Legal analysis: if the parties agree on the conditions for one party to terminate the contract, when the conditions for terminating the contract are fulfilled, the person with the right to terminate shall notify the other party if it chooses to terminate the contract; In the event of a statutory circumstance that gives the parties the right to rescind, the person with the right to rescind shall also notify the other party if he chooses to terminate the contract. In both cases, the contract is rescinded from the time the notice reaches the other party.

If one of the parties does not agree to terminate the contract after the notice of cancellation of the contract reaches the other party, it may file a lawsuit with the court or apply to the arbitration institution Qi Ming in accordance with the arbitration agreement to request confirmation of the validity of the termination of the contract. For these valid rulings, the parties must enforce them.

Legal basis: Article 562 of the Civil Code of the People's Republic of China The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the reasons for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

1. If the company unilaterally terminates the contract, the unit shall pay economic compensation unless the employee is at fault

1) If the employer terminates the labor contract in violation of the law, it shall pay compensation at twice the amount of the economic compensation;

2) Severance shall be paid to the employee according to the number of years of service in the employer, and the standard of one month's salary for each full year.

2. Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China.

Severance Compensation] The employer shall pay severance to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the labor contract is terminated or defended for a fixed period in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

2. How to compensate for the unilateral termination of the labor contract by the company.

The compensation standard for unilateral termination of the labor contract by the company is as follows:

1. The economic compensation shall be paid to the labor group searcher according to the number of years the worker has worked in the unit and the standard of one month's salary for every full year;

if it is more than one month but less than one year, it will be calculated as one year;

3. If it is less than 6 months, the worker shall be paid half a month's salary as economic compensation.

1) During the probationary period, it is proved that they do not meet the requirements for hiring locust erectors;

2) Serious violations of the rules and regulations of the unit that uses the mold;

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.

Legal basis According to 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.

If an employee falls under any of the following circumstances, the employer may terminate the employment contract:

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.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China stipulates that if an employee falls under any of the following circumstances, the employer may terminate the labor contract

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.

Legal analysis: 1. The purpose of the contract cannot be achieved due to force majeure. 2. Before the expiration of the performance period, one of the parties clearly states or shows by its own conduct that it will not perform the main obligation.

3. One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded. 4. One of the parties delays the performance of debts or has other breaches of contract, resulting in the failure to achieve the purpose of the contract.

Legal basis: Article 563 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the parties may terminate the contract: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law.