How do I cancel a renewed contract, and can the renewed contract be cancelled?

1.If there is no problem with the violation of the law, the second contract is valid.

2.China's Labor Contract Law clearly stipulates liquidated damages, and there are only two situations: (1) the employer provides special training fees for the employee and agrees on the service period (Note:

is not the term of the contract), and the employee violates the service period. Article 22 of the Labor Contract Law: (2) The employee violates the non-compete restriction. Article 23 of the Labor Contract Law

3.Therefore, in response to the situation you said, if you go out to study with the company's money, and there is a service period agreed with the unit, liquidated damages may occur. In other cases, such as if you are spending your own money and learning positively, even if you agree on it, it is invalid.

To sum up, if you want to terminate the second contract without paying liquidated damages, you can quit at all. This is one of the best options. You don't have to give a penny.

Article 37 of the Labor Contract Law: An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. and Article 18 of the Regulations for the Implementation of the Labor Contract Law.

As long as you are 30 days in advance, and you don't have to lose a penny.

1. The renewed contract between you and the employer is valid, and the first contract will automatically become invalid. One of the reasons why you agree to renew your contract is that your employer provides you with the opportunity to study abroad, and you choose to renew your 15-year employment contract voluntarily.

2. Nowadays, many units provide employees with free opportunities for all kinds of study, training and even further study abroad, so there will be corresponding restrictions in the labor contract.

3. I haven't seen the labor contract between you and the unit, so I can't advise you on how to do it here. (You can bring the labor contract to the labor department to apply for arbitration) I will now tell you the two relevant laws and regulations, you can read the full text and judge yourself against your labor contract first. Labor Law of the People's Republic of China and Contract Law of the People's Republic of China.

Legal Analysis: The renewed contract can be terminated. However, the specific liquidated damages need to be subject to the provisions of the contract. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

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

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties clearly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 5: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Legal analysis: If the labor contract is not renewed upon expiration, there is no need to notify the termination of the labor contract. If the employer does not renew the labor contract, it only needs to provide compensation or compensation in accordance with the provisions of the law.

If there is a notice of termination of the labor contract, Li Haopai can better protect the legitimate rights and interests of the employee. When the employer renews the employment contract, it is required to pay compensation to the employee (one month's salary for each year of service); If the employer does not renew the labor contract and signs an indefinite labor contract, it is illegal to terminate the labor contract. The employer is required to pay compensation to the employee (2 months' salary for each year of service); If the employee does not renew the contract, the employer does not need to pay compensation, and the employer renews the labor contract by maintaining or improving the conditions agreed in the labor contract, unless the employee does not agree to renew.

Legal basis: Labor Contract Law of the People's Republic of China

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) 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.

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 economic compensation to be paid to the worker shall be three times the average monthly wage of the employee, and the maximum period of payment of economic compensation 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.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Legal analysis: When an employee leaves the company, it is not necessary to sign a resignation agreement, if the employee has an agreement with the company in advance or the company requires it. However, the employer needs to issue a resignation certificate (proof of termination of labor relationship) to the employee.

Legal basis: Labor Contract Law of the People's Republic of China Article 50 The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall be in accordance with the agreement between the two parties and handle the handover of work.

Where an employer is required to pay economic compensation to an employee in accordance with the relevant provisions of this Basic Law, it shall be paid at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Do I need to terminate the contract agreement when the contract expires?

There is no need to terminate the contract after the expiration of the contract, as it has already been terminated.

Article 563 of the Civil Code: The parties may terminate the contract under any of the following circumstances:

1.The purpose of the contract cannot be achieved due to force majeure. If the purpose of the contract cannot be achieved due to force majeure, the contract loses its meaning and shall be extinguished. In this case, China's Civil Code allows the parties to terminate the contractual relationship by exercising the right of rescission.

2.Before the expiration of the performance period, one of the parties expressly states or shows by its own conduct that it will not perform the main obligation. This is the debtor's refusal to perform, also known as repudiation, including express repudiation and implied repudiation.

As a condition for rescission of the contract, it requires that the debtor is at fault, that the refusal is illegal (without lawful reason), and that the debtor has the ability to perform.

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. This is the debtor's delay in performance.

According to the nature of the contract and the parties' expression of intent, if the performance period is not particularly important in the content of the contract, even if the debtor performs after the expiration of the performance period, the purpose of the contract will not be defeated. In this case, in principle, the parties are not allowed to terminate the contract immediately, but the creditor should send a performance reminder to the debtor and give a certain grace period for performance. If the debtor fails to perform at the expiration of the grace period, the creditor has the right to rescind the contract.

4.One of the parties delays the performance of the debt or has other breaches of contract, resulting in the failure to achieve the purpose of the contract. For some contracts, the performance period is of paramount importance, and if the debtor fails to perform on time, the purpose of the contract cannot be achieved, in which case the creditor has the right to rescind the contract.

The same shall apply to other breaches of contract which make the purpose of the contract impossible to achieve.

5.Other circumstances provided for by law. Where the law stipulates special statutory conditions for termination of certain specific contracts, follow those provisions.