Regarding the termination of the employment relationship, please help me

1. Yes. 2. No. If the employer says it plans to sign a three-year contract with you, you are still on probation!

3. Make up social security;

4. It does not represent. You said that you didn't know much about the labor law at that time, and the unit also used deception to "not take the initiative to sign a labor contract with the company", so how much did the company's personnel department eat?

Labor arbitration is not bullshit, and the employer has violated the Labor Contract Law at the time of refusal, and you can use this as a reason to refuse the visa. Also, when is the date of the visa? You ask the Ministry of Labor:

If it started when you entered the factory, should you pay double wages if you are three months late? Can I still compensate if I sign it? If it is based on the signing at that time, then the factual relationship between the first three months will be gone?

If the labor arbitration commission tells you like this again, you will tell them: You are pigs, and our taxpayers' money is not used to raise pigs!

You can file an administrative lawsuit against the labor arbitration commission to the court, and you can also report to the local government, if you are really angry, you can go to Tianya] Sina to post a post to expose it. , I can't fix him if I don't believe it!

Downstairs, no, you'll be upstairs after I fix it.

Hehe, just angry for a while. In fact, there are so many, but there are not many who can really use the current legal provisions to win back benefits for themselves. As soon as the Labor Contract Law was released, China's industry leader Huawei carried out blatant layoffs, depriving employees of their actual length of service by leaving the company before entering the factory.

What does this mean? At present, the hardware conditions for the implementation of the labor contract law in China are not mature.

As far as the question raised by the brother above, it can be said that the labor department will not be able to pursue the matter any longer if it drags on for two more days. This is because the compensation you will receive is not enough for the expenses of your complaint. It stands to reason that these costs can also be borne by the party at fault, but can you achieve it?

Hehe, this is the current situation of rights protection in China.

Yes, because the state stipulates that both parties must sign a contract within one month of the employee entering the employer, otherwise the employer is illegal. As long as your signature on the notice of termination has been more than one month from the date of employment. Then you go directly to the labor inspection department to complain, ask for double salary compensation, double wages, and ask for back social insurance payments.

I remember that [Sima Changyu] used to be decent, like a person who engaged in law, why is the logic confused this time?

Legal Analysis: Expiration of Labor Contract; Workers begin to enjoy basic pension insurance benefits in accordance with the law; The laborer is dead, or has been declared dead or missing by the People's Law Imperial Court; The employer is declared bankrupt in accordance with law; The employer's business license has been revoked, the employer has been ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule, etc.

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 term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker 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, or revoked, or the employer has decided to dissolve ahead of schedule;

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

Conditions for termination of the labor contract: the employer has its business license revoked, ordered to close or revoked, or the employer decides to dissolve in advance; The worker dies, or is declared dead or missing by the people's court; The expiration of the labor contract; The worker begins to enjoy the basic pension insurance benefits in accordance with the law; The employer is declared bankrupt in accordance with law; Other.

1. Is retirement a termination of the labor contract?

1. The labor contract will be terminated naturally after retirement.

2. 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 the basic pension insurance benefits in accordance with the law;

3) The worker 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, or revoked, or the employer has decided to dissolve ahead of schedule;

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

2. What are the statutory conditions for termination of a labor contract?

Statutory conditions for termination of the labor contract: the expiration of the labor contract; The employer is declared bankrupt in accordance with law; The employer's business license has been revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule; The worker begins to enjoy the basic pension insurance benefits in accordance with the law; The worker dies, or is declared dead or missing by the people's court; Leaky pants open others.

3. What is the content of Paragraph 1 of Article 44 of the Labor Contract Law?

1) The expiration of the labor contract (2) the employee begins to enjoy the basic pension insurance benefits in accordance with the law (3) the worker dies, or is declared dead or missing by the people's court (4) the employer is declared bankrupt in accordance with the law (5) the employer has its business license revoked, is ordered to close down or revoked, or the employer decides to dissolve in advance (6), and other circumstances stipulated by laws and administrative regulations.

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 term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker 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, or revoked for the New Year, or the employer has decided to dissolve ahead of schedule;

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

After the establishment of a legal employment relationship, it is not immutable, just as there is a termination of an ordinary contract, and the employment contract must also be terminated when it is impossible to maintain. The rights and obligations of both parties shall be terminated immediately upon the termination of the labor contract

1. The employer and the employer agree to terminate the labor relationship.

Before the expiration of the term agreed in the labor contract, the employer and the employee shall terminate the labor relationship through negotiation, and the rights and obligations of the labor contract that have not been fulfilled shall not be performed. According to Article 24 of the Labor Law, "a labor contract may be terminated upon the agreement of the parties to the labor contract".

If the labor contract is terminated by agreement, it is not necessary to distinguish whose responsibility caused it.

2. Wrongful dismissal and non-negligent dismissal lead to the termination of labor relations.

Faulty dismissal means that if the employee's behavior violates the provisions of the Labor Law and administrative regulations, the employer dismisses the employee and terminates the labor contract, and the labor relationship is terminated. i.e. the circumstances provided for in Article 25 of the Labour Code; Non-fault dismissal refers to the termination of the labor contract by the employer who dismisses the employee for reasons other than those attributable to the employee.

Article 26 of the Labor Law stipulates that the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance (i.e., in the case of non-fault dismissal): :(1) The employee is sick or injured due to work, and after the expiration of the medical treatment period, the employee cannot work in a simple manner or engage in the work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) When there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original contract, the parties cannot reach an agreement on the modification of the labor contract through consultation.

3. Economic layoffs and resignations of surplus employees of the enterprise lead to the termination of labor relations.

If an employer is on the verge of bankruptcy or undergoing statutory rectification, or if serious difficulties arise in its production and operation conditions, and it is necessary to lay off its employees, the employees who have been laid off shall be terminated from the enterprise and the labor relationship shall be terminated. Article 27 of the Labour Law clearly stipulates the termination of such employment contracts. The resignation of redundant personnel of the enterprise is allowed according to the relevant regulations, which also leads to the termination of labor relations.

4. The employee takes the initiative to terminate the labor contract, resulting in the termination of the labor relationship.

Article 32 of the Labor Law stipulates three circumstances under which an employee may terminate an employment contract at any time by notifying the employer: (1) during the probationary period; (2) The employer uses violence or threats to illegally restrict personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

5. The termination of the labor contract leads to the natural termination of the labor relationship.

Article 23 of the Labor Law stipulates the termination of an employment contract, i.e., "the employment contract shall be terminated upon the expiration of the employment contract or the occurrence of the conditions for the termination of the employment contract agreed upon by the parties." ”

2. Labor relations.

Labor relations is an extremely important area in the market economy, and the more the labor market develops, the more important the issue of labor relations becomes.

Termination of employment relationship:

1. The employer and the employer agree to terminate the labor relationship.

2. Wrongful dismissal and non-negligent dismissal lead to the termination of labor relations.

3. Economic layoffs and resignations of surplus employees of the enterprise lead to the termination of labor relations.

4. The employee who is short of information takes the initiative to terminate the labor contract, resulting in the termination of the labor relationship.

5. The natural termination of the labor relationship is caused by the lack of guidance for the termination of the labor contract.

Legal basis] Article 36 of the Labor Contract Law stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation.

Legal analysis: The termination of the labor relationship refers to the extinction of the rights and obligations of both parties to the labor relationship, and it is the end of the operation of the labor relationship. In practice, the termination of an employment relationship mainly occurs under the following circumstances:

1) The expiration of the term of the labor contract or the occurrence of the termination conditions agreed by both parties to the labor relationship;

2) The subject of labor relations is extinguished or loses certain qualifications;

3) The labor contract is terminated in accordance with the law or through negotiation;

4) Administrative decisions, arbitral awards or court decisions.

Legal basis: Article 23 of the Labor Law of the People's Republic of China The labor contract shall be terminated when one of the following two circumstances occurs: first, the term agreed in the labor contract expires; Second, the termination conditions of the labor contract agreed upon by the parties appear, which can be either principled, such as the occurrence of force majeure or accidents, or specific listing of letters, such as the death of the employee or the dissolution of the employer, and the occurrence of circumstances in which one party loses the qualification of the entity.

1. The meaning of termination of labor relationship.

1) The expiration of the term of the labor contract or the occurrence of the termination conditions agreed by both parties to the labor relationship;

2) The subject of labor relations is eliminated or loses the qualification to keep an eye on the sedan car;

3) The labor contract is terminated in accordance with the law or through negotiation;

4) Administrative decisions, arbitral awards or court decisions.

It should be pointed out that the termination of the employment relationship does not mean that the rights and obligations of both parties to the employment relationship are completely extinguished, and certain specific contents still have to exist for a certain period of time after the termination of the employment relationship.

2. The reason for the termination of the labor relationship.

1) From the employer's point of view, the reasons include: serious misconduct of the employee; the worker's lack of competence and qualifications to do the job; redundancies due to downsizing; Continued employment of workers would be contrary to the law; There are a number of other substantive reasons.

2) From the worker's point of view, the reasons include: retirement due to age or health reasons (e.g., mental illness); resignation for a variety of possible reasons, including accepting another new labor contract or immigration; The employer has breached the contract; Death.

3. The difference between the termination of labor relations and the termination of labor contracts.

Termination of labor relationship refers to the automatic termination of the labor relationship when one of the conditions is met when the labor contract expires, the employee begins to enjoy the basic pension insurance benefits in accordance with the law, the employee dies, or is declared dead or missing by the people's court, the employer is declared bankrupt in accordance with the law, the employer's business license is revoked, the employer is ordered to close down or revoked, or the employer decides to dissolve in advance.

Termination of an employment contract refers to the unilateral or unanimous termination of an employment contract by the employee or the employing unit before the termination date of the employment contract.

To sum up, the termination of the labor relationship is also the termination of the labor contract, which is different from the termination of the labor contract for abnormal reasons and before the expiration date, in general, the termination of the labor relationship includes the expiration of the term agreed in the labor contract, the non-renewal of the contract between the employee and the employer, the retirement, death, disappearance of the employee, or the bankruptcy or bankruptcy of the employer, or the termination of the labor contract due to illegal activities.

The termination of the labor relationship refers to the extinction of the rights and obligations of both parties to the labor relationship, and it is the end of the operation of the labor relationship. In practice, the termination of an employment relationship mainly occurs under the following circumstances: (1) the expiration of the term of the labor contract or the occurrence of the termination conditions agreed upon by the parties to the labor and employment relationship; 2) The subject of labor relations is extinguished or loses certain qualifications; 3) The labor contract is terminated in accordance with the law or through negotiation; (4) Administrative decision, arbitration ruling or court judgment It should be pointed out that the termination of the employment relationship does not mean that the rights and obligations of both parties to the employment relationship are completely extinguished, and certain specific contents still have to exist for a certain period of time after the termination of the employment relationship.