What should be done if an employee wants to unilaterally terminate the employment contract during th

According to the current labor law, as long as the employer is notified one month in advance, the labor contract can be terminated and the company can be terminated.

Liquidated damages can be agreed upon when the employer signs the contract with the employee.

However, in accordance with the Labor Contract Law, which came into effect on January 1, in addition to notifying the employer within one month, if the employer is forced to work, the working environment is too poor, the health of the employee is seriously affected, the employee is in arrears of wages, etc., the employee can leave three days in advance or immediately without notifying the employer.

As for the issue of liquidated damages, according to the Labor Contract Law, if the employer does not arrange for you to participate in training, does not require you to sign a length of service, or does not sign a non-compete agreement when you join the company, then the employer cannot agree on liquidated damages. Even if you agree, you don't have to pay it.

If there is a training or something, the amount of liquidated damages should not be higher than the cost of the training.

Of course, the contract can stipulate liquidated damages, but it must comply with the principle of fairness of the contract and cannot be too high.

The current labor law stipulates that if an employee wants to unilaterally terminate an employment contract, he or she only needs to give one month's notice to the employer and submit an application.

As for the liquidated damages, if they are significantly too high compared with the actual expenses paid by the employer, such as training fees, recruitment fees, and expenses actually lost after the termination of the contract, then it is unreasonable.

If the labor dispute cannot be resolved through negotiation with the employer, an arbitration application shall be submitted to the labor dispute arbitration commission.

For specific provisions, please refer to the Labor Law of the People's Republic of China and the judicial interpretation of the Labor Law. The Labor Contract Law (effective as of January 1, 2008) stipulates that a labor contract that has been concluded in accordance with the law before the effective date of this Law and exists on the effective date of this Law shall continue to be performed, that is, it shall still be handled in accordance with the provisions of the Labor Law.

Legal Analysis: An employee may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.

If the employer forces the worker to work by means of violence, threats or illegal restriction of personal freedom, or the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Unilateral termination of labor contract between an employer and an employee usually occurs under the following circumstances: 1If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, the employee does not have the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid (2 months' salary for every year of work); 2.

In accordance with the provisions of Article 46 of the Labor Contract Law, severance shall be paid (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 as stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify the employee in advance, but the employer is required to provide evidence and quietly notify the employee of the termination of the employment relationship. Knowledge of relevant laws and regulations to take the old:

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) It is proved that the employee 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 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.

The procedures for unilateral termination of the labor contract by the employer are as follows: (1) a written notice of termination of the labor contract shall be prepared and served on the employee, and the notice of termination of the labor contract shall state the facts, reasons and basis for the termination of the labor contract by the employer. (2) Issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of files and social insurance relations for the employee within 15 days.

3) The labor union shall be notified of the reasons for terminating the labor contract in advance. If the employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the Workers' Association has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

The termination of a labor contract by an employer is closely related to the interests of employees, and a trade union is an organization that safeguards the legitimate rights and interests of employees. If the employer informs the labor union of the reasons for unilaterally terminating the labor contract in advance, the labor union will be able to discover the illegal termination or infringement of the rights and interests of the employee in a timely manner and take action against it. (4) If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of the law, it shall be paid when the employee completes the work and hands it over.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least 2 years for future reference.

Legal basis

Articles 39, 40, 41 and 43 of the Labor Contract Law.

Methods for unilateral termination of the contract by the employee:

1. Cancellation of notice:

1) The employee may terminate the labor contract by notifying the employer in writing 30 days in advance;

2) The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period.

2. Immediate release:

1) Failure to provide labor protection or working conditions in accordance with the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner.

1. How to issue a certificate of termination of labor relations by the unit.

Conditions for the issuance of a certificate of termination of labor relationship with the employer:

1. The employee shall give 30 days' written notice to the employer to terminate the labor contract;

2. Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time: during the probationary period; The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

2. How far in advance can I resign.

The employee shall notify the employer in writing 30 days in advance of the resignation of the employee, and notify the employer 3 days in advance of the resignation during the probationary period. Under any of the following circumstances, the employee may terminate the labor contract immediately without prior notice to the employer: failing to pay the labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers in accordance with the law; Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; Other.

3. Whether there is labor compensation for resignation.

Whether there is labor compensation for resignation depends on the specific situation.

If the employer illegally dismisses the employee, compensation shall be paid; There is no compensation for those who voluntarily resign. Resignation can only be made in writing. A verbal offer to leave a job can be considered invalid if there is no follow-up remedy.

Verbal resignation is not legal, and the employee needs to resign according to the legal process. 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.

If the resignation is submitted orally, the employee may be required to make up the written resignation application and procedures in a timely manner; It is possible to confirm the content of the verbal resignation, for example through a recording.

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 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 employees.

Labor Contract Law of the People's Republic of China

Article 37 [Termination of Labor Contract by Advance Notice] A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.

Legal Analysis: An employee can unilaterally terminate an employment contract. 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) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

Legal basis: Labor Contract Law of the People's Republic of China Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failing 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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 violates rules and regulations and forces risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Once the contract is signed, it has legal effect, and the employer and the employee want to terminate the contract, there are two options. One is that the two parties negotiate a settlement, and both parties voluntarily give up the contract, and the other is compulsory termination, and both parties have to bear the liability for breach of contract, whether it is the employer or the employee, the compulsory termination will have to pay the price.

In the first case, the two parties negotiate a settlement, which is also the best way. Because although the employment contract has been signed, it also has the legal effect of binding both parties, but it does not mean that the two parties can terminate the contract only if the term of the employment contract has expired. It is not said that the worker does not want to do it in this unit and he submits a resignation report, and the leaders of the unit will feel sincere and extenuating after reading it, and indeed people have a reason, then they also feel that this person can hand over the work on the post with another person, and the work can be transferred without affecting the normal operation of the unit, so in this case, the labor contract between the two parties is terminated through negotiation.

The second situation is compulsory termination, which is the employer to the worker, the worker himself is doing a good job, he has not committed anything against the law here, nor has he violated the obligations and rights of the worker in the labor contract norms signed at that time, but now the enterprise for some reason, such as the enterprise has too many people and has a layoff or employee, to lay off the worker, he can use the right to forcibly terminate the labor contract, but he has to pay the price. Workers who work for less than 6 months will be compensated for one month's wages, 6 months to a year and two months' wages, and so on, if they have worked for many years, plus one month's compensation wages, the longer the working years, the more the company will not easily dismiss the employee.

When you sign the labor contract, you have to think about how many years you will sign it, and when the contract expires, the labor contract relationship between the two parties will be automatically terminated, and there is no problem of disagreeing, because if you want to continue to work here, you have to sign a new contract. Therefore, I also think about how long the labor contract will be signed, which has an impact on both the employee and the company.