Question 10 of the automatic termination of the employment relationship

1. According to the provisions of the current Labor Contract Law of China, there is no automatic termination of labor relations.

There are three ways to terminate a labor contract in China, namely, unilateral termination by the employee, unilateral termination by the employer, and termination through negotiation between the two parties, but there is no automatic termination. In order to protect the rights and interests of employees, the law has the most lenient provisions on the unilateral termination of labor contracts by employees, except in special circumstances such as express agreement between the two parties, as long as the employer is notified in advance, while enterprises are subject to more restrictions if they want to unilaterally terminate labor contracts.

2. According to the circumstances you described, it is legally referred to as the termination of the employment relationship.

For the employer, if the employer has the employee's death certificate, it can directly go through the procedures for terminating the employment relationship. If the employer does not, the employer can go to the local labor bureau to fill out a "Termination of Labor Registration Form" to terminate the employment contract with the employee. In addition, as a unit, it is also necessary to fill out a written "Notice of Termination of Labor Contract" and send it to the family of the deceased employee by express delivery and other means.

Note that as a unit, you should keep the relevant documents of the entrusted courier, and prevent disputes in the future can be used as evidence.

3. Treatment of death of employees due to illness:

In the event of the death of an employee due to illness or non-work-related injury, death after retirement or death, or death after retirement due to complete loss of labor force due to non-work-related disability, funeral allowance and relief for supporting immediate family members shall be paid. The funeral subsidy standard is 2 months' average salary of enterprise employees; The standard of relief expenses for supporting immediate family members is: if one person is supported, the deceased's salary is 6 months; if 2 people are supported, the deceased's own salary shall be 9 months' salary; If three or more persons are supported, the deceased's own salary shall be 12 months' salary.

The establishment and termination of labor relations shall be determined in accordance with the relevant regulations of the labor department and the fulfillment of certain recruitment and withdrawal procedures. However, the premise of handling the withdrawal procedures is that the labor relationship has been terminated, and from the perspective of causal relationship, there is the termination of the labor relationship first, and then there is the issue of going through the withdrawal procedures and issuing a withdrawal order. With regard to the termination of the labor relationship, the Labor Law stipulates several circumstances according to the different reasons for the termination, and thus determines the termination of the labor relationship.

The time should be determined on a case-by-case basis:

1. In the case of termination by consensus and the expiration of the time limit and the fulfillment of the conditions, the date of the consensus and the date of expiration of the time limit shall be the date of termination of the labor relationship.

2. If the employer terminates the labor contract due to the employee's violation of discipline or other reasons specified in Article 25 of the Labor Law, it is the employer's exercise of the right to unilaterally terminate the labor relationship, and as long as the employer legally exercises the statutory right of termination, the intention to terminate the labor relationship reaches the other party (the employee), and the act will take legal effect. Therefore, if the employment relationship is unilaterally terminated, the date on which the notice of termination reaches the other party may be the date of termination of the employment relationship.

3. If the employee unilaterally terminates the labor relationship in accordance with Article 31 of the Labor Law, the employee shall exercise such right in accordance with the law, and the termination of the labor relationship shall take effect only after 30 days of written notice to the employer, and if the labor relationship is not notified in writing, the term of termination of the labor contract shall expire, and the employer may choose to terminate or renew the contract with the employee. If the employer is willing to continue to maintain the employment relationship with the employee, it should renew the contract. If, after the expiration of the contract, both parties have no objection to the performance of the original labor contract, it shall be deemed that both parties continue to perform in accordance with the provisions of the labor contract.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (1) Article 16 Where a worker still works for the original employer after the expiration of the labor contract and the original employer does not raise any objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions. Where one party proposes to terminate the labor relationship, the people's court shall support it.

1. Is there compensation for automatic termination of labor relations? 1. With regard to the issue of severance for the termination of a labor contract, the laws and regulations before the Labor Contract Law stipulate that if the labor contract is automatically terminated, the employer is not required to pay severance to the employee. Article 46 (5) of the Labor Contract Law stipulates that:

After the expiration of the labor contract, if the employer does not agree to renew the labor contract with the employee in accordance with the conditions agreed in the maintenance or higher than the original labor contract, the employer shall pay the employee severance payment. 2. 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 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, ordered to close down for leniency, or revoked, or the employer decides to dissolve ahead of schedule; (6) Other circumstances stipulated by laws and administrative regulations.

2. What is the method for determining the termination of a labor contract? The termination of a labor contract refers to a situation in which the employment relationship formed between the employer and the employee is automatically extinguished due to the occurrence of certain statutory facts after the conclusion of the labor contract, or the continuous performance of the labor relationship between the two parties becomes impossible and has to be terminated. The termination of an employment contract is mainly based on the occurrence of certain statutory facts, which generally do not involve the expression of intent between the employer and the employee, and as long as the statutory facts appear, it will generally lead to the termination of the employment relationship between the two parties.

In practice, the termination of an employment relationship mainly occurs under the following circumstances: 1. The term of the labor contract expires or the termination conditions agreed upon by both parties to the labor relationship appear; 2. The subject of labor relations is extinguished or loses certain qualifications; 3. The labor contract shall be terminated in accordance with the law or through negotiation; 4. Administrative decisions, arbitral awards or court judgments. 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.

To sum up, after the establishment of the employment relationship, it can be terminated in the event of statutory circumstances, and the employment relationship between the two parties can be terminated. For example, the labor contract expires automatically and is not renewed by both parties, the employee dies, the unit goes bankrupt or the employee retires. As for whether the termination of the labor contract is subject to compensation, if it is automatically terminated, the employer does not need to bear the compensation.

The employment relationship will not be automatically terminated, but it will be terminated naturally under the following circumstances: the employer has its business license revoked, is ordered to close down, or is revoked, or the employer decides to dissolve ahead of schedule; The labor contract is not renewed by both parties upon expiration; The worker dies, or is declared dead or missing by the people's court; 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.

Article 44 of the Labor Contract Law of the People's Republic of China [Termination of Labor Contract] 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, Gao Wuhe has ordered it to close down or revoke it, or the employer has decided to dissolve it ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations.

Legal Analysis: There are three types of termination of labor relations: termination by agreement, termination by statutory and termination by negotiation. Circumstances of statutory rescission:

1) It is proved that they do not meet the employment conditions during the probationary period; (2) Serious violation of labor discipline or the rules and regulations of the employer; (3) Gross dereliction of duty. Exploitation. Causing significant damage to the interests of the employer.

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 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, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and regulations on the administration of the industry.