Termination of labor contract, how to terminate labor contract

You can apply for labor arbitration to make up the unpaid wages;

It is recommended that you consult a lawyer, and if you really do not know how to apply for labor arbitration, you can appoint a lawyer**.

If you apply for labor arbitration with the labor bureau with evidence, you can claim that the company should pay the arrears of wages and claim the severance compensation for the termination of the labor relationship according to the length of service in accordance with articles 38, 46 and 47 of the Labor Contract Law.

Labor Contract Law 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.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

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.

If you voluntarily resign, you can get back the wages you owe, and the economic compensation will not be supported.

There is no seniority compensation for resignation, and you can get back less performance.

If the negotiation fails, apply for labor arbitration.

Yes, labor arbitration is possible.

Legal analysis: The termination of a labor contract is divided into three types: negotiated termination, statutory termination and agreed termination; The labor contract can be terminated unilaterally in accordance with the law or through negotiation between the two parties; Statutory termination refers to the fact that the labor contract can be terminated in advance without the unanimous consent of both parties without the unanimous consent of both parties. Termination by agreement refers to the early termination of the employment contract by the parties to a contract on the basis of mutual agreement through consultation with each other on a completely voluntary basis for some reason. The termination of a labor contract is a foreseeable intermediate link in the process from the conclusion to the performance of the labor contract, and the termination of the labor contract in accordance with the law is an important guarantee for safeguarding the legitimate rights and interests of both parties to the labor contract.

Legal basis: 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 for the establishment of labor relations. 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 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

The way to terminate the labor contract is as follows: the employer and the employee agree to terminate the labor contract; The employee shall notify the employer in writing 30 days in advance to terminate the term; or if the employer fails to provide working conditions or is in arrears of wages, the employee shall exercise the right of unilateral termination.

Labor Law of the People's Republic of China Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and the workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Offers are applicable to the termination of the employment contract. The employer and the employee may terminate the labor contract through consensus, or the employee may notify the employer in writing 30 days in advance, and 3 days' notice during the probationary period. After the termination of the labor contract, the employer shall issue a certificate of termination of the labor contract.

1. How to terminate the labor relationship with the employee.

After terminating the labor contract with the employee in accordance with the law, the labor relationship has been terminated. The employer and the employee may terminate the labor contract if they reach an agreement through consultation. The employee may terminate the 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 of the trial period.

2. Is there any compensation for resignation during the epidemic?

If an employee voluntarily resigns during the epidemic, the employer does not need to pay compensation. The employer and the employee may terminate the labor contract if they reach an agreement through consultation, and the employee may terminate the 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.

3. Is there any salary for resigning after just a few days of employment?

If the employee terminates the labor contract in violation of the regulations, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, and causes losses to the employer, the employee shall be liable for compensation.

Article 36 of the Labor Contract Law stipulates that an employer and an employee may terminate an employment contract if they reach an agreement through consultation.

Article 37 stipulates that an employee 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 90 stipulates that if an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

Article 36 of the Labor Contract Law of the People's Republic of China.

The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Article 37.

The employee may terminate the 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.

The labor contract shall not stipulate the conditions for terminating the company. When concluding a labor contract, the parties are prohibited from stipulating the conditions for terminating the contract beyond the provisions of the law, and the termination of the labor contract has clear legal conditions and legal procedures.

Article 37 of the Labor Contract Law provides that an employee 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.

Unilateral termination of a labor contract is a way for an employee or the company to unilaterally go through the resignation procedures. Termination of contract through negotiation is a way for employees to go through the resignation procedures after both parties sign an agreement to terminate the labor contract through negotiation. Termination by agreement has the following characteristics: () both parties have equal rights to claim termination of the contract.

Either the employee or the employer may take the initiative to request the other party to terminate the employment contract relationship.

2) The contract can only be terminated if the parties reach an agreement through equal and voluntary consultation, and neither party can impose its own will on the other party.

3) The rescission of the agreement is not subject to the agreed conditions for terminating the contract.

4) If the employer proposes to terminate the labor contract, it must pay severance to the employee in accordance with the law. If the employee proposes to terminate the labor contract, he or she shall be liable for compensation if the economic loss is caused to the employer. In this case, the employer shall pay the employee a compensation equivalent to one month's salary for every full year of service in the employer, up to a maximum of 12 months, and three years for less than one year.

If the employer fails to give the employee severance compensation after the termination of the labor contract, it shall pay an additional severance of 50 of the amount of severance in addition to the severance payment. The above-mentioned severance shall be paid by the employer to the employee in a lump sum. Unilateral termination of a labor contract and its legal consequences are in accordance with the provisions of five model articles of the Labor Law, including Articles 25, 26, 27, 31 and 32, which give the employer and the employee the right to unilaterally terminate the labor contract, of which Articles 25 and 27 are the legal circumstances for the employer to unilaterally terminate the labor contract, and Articles 31 and 32 are the provisions on the unilateral termination of the labor contract by the employee.

From the perspective of the form of unilateral termination of labor contracts, it can be divided into two forms: "termination with advance notice" and "immediate termination". According to the Labor Law, the employer or employee notifies the other party 30 days in advance and in writing is called "advance notice termination". The so-called "immediate termination" refers to the termination of the employment contract by means of notice at any time by one party without prior notice to the other party, and this method does not involve economic compensation or liability for compensation.

The Labor Law stipulates the necessary conditions for the employer to terminate the contract by giving advance notice, but does not impose any restrictive conditions on the employee.