What happens when the termination of the employment contract is delayed?

According to Article 42 of the Labor Contract Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Sick or injured not in the line of duty, within the prescribed period of medical treatment;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Have worked in the unit for 15 consecutive years and are less than 5 years away from the statutory retirement age;

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

According to Articles 34 and 35 of the Regulations on Work-related Injury Insurance, if an employee is identified as having a Grade 5 or Grade 6 disability due to work-related disability, the employee may terminate or terminate the employment relationship with the employer upon his or her own request, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. If an employee is identified as having a Grade 7 to 10 disability due to work-related disability, the labor contract shall be terminated upon expiration, or if the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards for the above-mentioned one-time medical subsidy for work-related injuries and employment subsidy for disability shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal analysis: The circumstances of termination of the labor contract are: 1. The expiration of the labor period; 2. The worker is declared missing or dead by the people's court; 3. If the employer decides to dissolve in advance, the labor contract shall be terminated; 4. Other circumstances stipulated by law.

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. A 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.

1. If a worker enlists in the army or leaves the company to perform other obligations stipulated by the state, the labor contract shall be suspended or partially suspended. 2. If a worker is unable to perform the obligations stipulated in the labor contract because his personal freedom is restricted in accordance with the law, the performance of the labor contract may be suspended or partially suspended. 3. If one of the employers and the employee is unable to perform the labor contract due to force majeure, the other party may suspend or partially suspend the performance of the labor contract according to the impact of force majeure.

4. The employer and the employee may suspend or partially suspend the performance of the labor contract if they reach an agreement through consultation.

Article 44 of the Labor Contract Law of the People's Republic of China shall terminate the labor contract under any of the following circumstances: (1) the labor suspect contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations. Article 45 of the Labor Contract Law of the People's Republic of China stipulates that if the labor contract expires and falls under any of the circumstances specified in Article 42 of the Labor Contract Law of the People's Republic of China and Article 42 of the Labor Contract Law of the People's Republic of China, the labor contract shall be renewed and terminated when the corresponding circumstances disappear.

However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as provided for in Paragraph 2 of this Law shall be executed in accordance with the provisions of the State on work-related injury insurance.