The company negotiated with me to terminate the labor relationship, and I did regret it after half a

The company is not legal, although the recording is not notarized and the probative power is not high, but it is also useful, and the witness testimony can also be used as evidence, you first tell the company that the agreement has come into effect, and you do not agree, or go to the labor inspection brigade of the Human Resources and Social Resources Bureau to evaluate, or you can apply for labor arbitration.

If the agreement is signed by a corporate entity, you can request that it be handled in accordance with the agreement, if you have a letter of agreement.

If it is not signed by a legal person and does not have an official seal, it is not established, and the company can renege and renegotiate.

Written materials are required for resignation and dismissal, and audio recordings are not conclusive evidence.

Find a lawyer or go to labor arbitration to renegotiate the resignation.

The recording is used as supporting evidence, and the company is unlikely to ask you for severance compensation, and the company's compensation also depends on the content of the agreement and your negotiation level.

If you don't go to the labor inspection brigade of the Human Resources and Social Resources Bureau to evaluate, you first tell the company that the agreement has taken effect, but it is also useful that the company is not legal, although the recording is not notarized and the proof is not high, you can also apply for labor arbitration, and witness testimony can also be used as evidence.

Go to the labor bureau to apply for labor arbitration, but if there is only a recording, the probative power will be very low, and it is better to collect some more evidence!

After the two parties negotiate to terminate the employment contract, if the employer repents, you can apply to the local labor department for arbitration.

After signing a termination agreement, the employee can still terminate the contract, unless there are circumstances prescribed by law. The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

There are no substantive and procedural restrictions on the termination of the labor contract through negotiation, as long as the two parties reach an agreement, and the content, form and procedure do not violate the prohibitions and mandatory provisions of the law.

1. How to deal with the employee's repentance after signing the termination agreement?

The employer and the employee reach an agreement on the termination of the labor contract through consultation, and the agreement shall take effect when both parties sign and seal it. Since then, the unilateral repudiation of either side of the previous two sides has been null and void. However, in the event of fraud, coercion or taking advantage of the danger of others, the termination of the labor contract agreement shall be invalid.

In the event of a material misunderstanding or manifest unfairness, the agreement may be revoked.

According to Article 10 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, an agreement reached between an employee and an employer on the dissolution or termination of a labor contract through relevant formalities, payment of wages and remuneration, overtime pay, economic compensation or compensation, etc., shall be deemed valid if it does not violate the mandatory provisions of laws and administrative regulations, and there is no fraud, coercion or taking advantage of the danger of others. Where there is a major misunderstanding or obvious unfairness in the agreement in the preceding paragraph, and the parties request that it be revoked, the people's court shall support it.

2. Characteristics of the negotiated termination of labor contracts

1. The terminated labor contract is a valid labor contract established in accordance with the law.

2. The termination of the labor contract must be carried out after the terminated labor contract is concluded and takes effect in accordance with the law, but before it is fully performed.

3. Both the employer and the employee have the right to request the termination of the labor contract in accordance with the law;

4. The termination of the labor contract through negotiation between the employer and the employee may not be subject to the termination conditions stipulated in the labor contract.

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

There are no substantive and procedural restrictions on the termination of the labor contract through negotiation, as long as the two parties reach an agreement and the content, form and procedure do not violate the prohibitive and mandatory provisions of the law.

If the employer proposes to terminate the labor contract, the employer shall pay the employee severance for the termination of the labor contract.

In the course of the performance of the labor contract, if one or both parties consider that it is no longer necessary to continue to perform the contract, they may terminate the labor contract after reaching an agreement with the other party through consultation. In the absence of defects in validity, the agreement to terminate the labor contract through negotiation is valid and cannot be reversed, and as long as the parties reach an agreement in accordance with the law, the validity of the labor contract can be terminated in advance and the employment relationship between the two parties can be terminated.

It is not okay to sign a contract with the company to terminate the labor contract and regret it. In this case, it is necessary to negotiate with the unit, and if the negotiation between the two parties is unsuccessful, it cannot be forced not to take effect. The termination of the labor contract signed by the employee and the employer at the time of resignation shall take effect upon signing, which means that the two parties will automatically terminate the labor relationship, and the employee's repentance is Gao Wuhe's violation of this provision and will not take effect.

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 a labor relationship with another employer at the same time, which seriously affects 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 pursued for criminal responsibility in accordance with law.

Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) The employee 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 improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.

Legal analysis: It is not possible to renege on signing a termination of a labor contract with a company. In this case, it is necessary to negotiate with the unit, and if the negotiation between the two parties is unsuccessful, it is not possible to force the first celebration to take effect.

At the time of resignation, the employee and the employer signed the same letter of termination of labor shall take effect immediately, which means that both parties will automatically terminate the labor relationship, and the employee's repentance is a violation of this provision and will not take effect.

Legal basis: According to Article 39 of the Labor Contract Law of the People's Republic of China, 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 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 unit, 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 pursued for criminal responsibility in accordance with law.