If there is any emotion, the labor contract cannot be terminated

Updated on society 2024-05-29
6 answers
  1. Anonymous users2024-02-11

    According to the Labor Contract Law, an employer cannot terminate an employment contract under the following circumstances:

    Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this 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) Illness or non-work-related injury, within the prescribed medical treatment period;

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

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

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

  2. Anonymous users2024-02-10

    Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this 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) Illness or non-work-related injury, within the prescribed medical treatment period;

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

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

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

  3. Anonymous users2024-02-09

    Legal analysis: After the conclusion of the labor contract, both parties may not terminate the labor contract at will, and the parties can only terminate the labor contract if permitted by labor laws and regulations.

    Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China The labor contract shall be terminated under any of the following circumstances: (1) the labor 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, ordered to close down, revoked, or the employer has decided to dissolve the employer in advance; 6) Other circumstances provided for by laws and administrative regulations.

  4. Anonymous users2024-02-08

    The circumstances under which the labor contract is terminated are: 1. The expiration of the labor contract. 2. The worker begins to enjoy the basic pension insurance benefits in accordance with the law.

    3. The worker is deceased, declared dead by the people's court, or declared missing. 4. The employer has been declared bankrupt, its business license revoked, or ordered to close down or revoked in accordance with the law. 5. The employer decides to dissolve ahead of schedule.

    Article 44 The labor contract shall be terminated under any of the following circumstances: (1) the labor 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.

  5. Anonymous users2024-02-07

    Six statutory circumstances for termination of a labor contract: According to Article 42 of the Labor Contract Law, an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if an employee falls under any of the following circumstances: 1) The worker who is engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is 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) Illness or non-work-related injury, within the prescribed medical treatment period; 4) Female employees are pregnant, giving birth, or breastfeeding; 5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws, regulations, or administrative regulations.

    Legal Basis Article 42 of the Labor Contract Law The employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee falls under any of the following circumstances: (1) The worker who is engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being an occupational disease patient during the period of diagnosis or medical limb 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) Illness or non-work-related injury, within the prescribed medical treatment period; 4) Female employees are pregnant, giving birth, or breastfeeding; 5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; 6) Other circumstances provided for by laws and administrative regulations.

    Labor Contract Law of the People's Republic of China

    Article 44.

    The labor contract shall be terminated under any of the following circumstances:

    1) The term of the labor contract has expired;

    (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.

    Labor Contract Law of the People's Republic of China

    Article 45.

    This law shall apply to the expiration of the labor contract.

    Labor Contract Law of the People's Republic of China

    Article 42.

    Labor Contract Law of the People's Republic of China

    Article 42.

    If one of the circumstances is suspected, the labor contract shall be renewed and terminated until the corresponding circumstances disappear. However, the termination of the labor contract of a worker who has lost his or her relatives or partially lost the ability to work as stipulated in Paragraph 2 of this Law shall be carried out in accordance with the provisions of the State on work-related injury insurance.

  6. Anonymous users2024-02-06

    The labor contract shall be terminated under any of the following circumstances: (1) the labor 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.

    [Legal basis].Labor Contract Law of the People's Republic of China

    Article 44 [Termination of Labor Contract] The labor contract shall be terminated under any of the following circumstances:

    1) The term of the labor contract has expired;

    (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.

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