How to terminate an employment contract with an employee

Article 19 of the Regulations for the Implementation of the Labor Contract Law In any of the following circumstances, the employer may terminate a fixed-term labor contract, an indefinite-term labor contract or a labor contract with a term of completion of a certain work task with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law: (1) The employer and the employee reach an agreement through consultation; (2) The worker is proved to be ineligible for employment during the probationary period; (3) The worker seriously violates the rules and regulations of the employer; (4) The worker is seriously derelict in his duties or commits malpractice for personal gain, causing major damage to the employer; (5) 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 employer, or refuses to make corrections upon the employer's request; (6) The worker uses fraud or coercion or takes advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions; (7) The worker is investigated for criminal responsibility in accordance with law; (8) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (9) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment; (10) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation; (11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law; (12) The employer has serious difficulties in production and operation; (13) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (14) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

Now this social contact contract and simple, talk to him, the business efficiency is not good, you don't need to say that he will want to leave, just let him go and save him to make excuses when he resigns!

The termination of the employment contract requires a judgment on whether the employer and the employee need to pay compensation on a case-by-case basis. If there are legal circumstances, the worker may be dismissed, but compensation is required. According to Article 46 of the Labor Contract Law, an employer shall pay economic compensation to an employee under any of the following circumstances:

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 negotiates the termination of the labor contract with the labor manager; (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 first paragraph of Article 41 of this Law; (5) If the employer maintains or improves the agreed conditions of the labor contract and renews the labor contract, and the employee does not agree to renew the labor contract, it shall terminate the fixed-term labor contract 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 50 of the Labor Contract Law 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 handle the handover of work in accordance with the agreement between the two parties. Where an employer is required to pay economic compensation to an employee in accordance with the provisions of this 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 referred to as terminated for at least two years for future reference.

The employer may terminate the labor contract when the following conditions are met:

1. The labor contract expires;

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.

1. Can the contract be automatically terminated?

The contract shall be automatically terminated if the contract meets the statutory or agreed termination conditions. For example, in the labor contract, the labor contract is terminated if the labor contract expires, the employee begins to enjoy basic pension insurance benefits in accordance with the law, the employee dies, or is declared dead or missing by the people's court, or the employer is declared bankrupt in accordance with the law.

2. How long is the automatic termination of the labor relationship?

The employment relationship shall be automatically terminated immediately and automatically in the following circumstances: the employee dies, or is declared dead or missing by the people's court; The expiration of the labor contract; The employer's business license has been revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule; The employer is declared bankrupt in accordance with law; The worker begins to enjoy the basic Yuanda pension insurance benefits in accordance with the law; Other.

3. Will the labor contract be automatically terminated when the statutory retirement age is reached?

At the time of reaching the statutory retirement age. When an employee begins to enjoy pension insurance benefits, the labor contract is automatically terminated, and the labor relationship between the employee and the employer continues to be treated as a labor relationship. The labor contract shall be terminated under any of the following circumstances with reference to Article 44 of the Labor Contract Law:

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.

Article 13 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China.

The employer and the employee shall not stipulate other conditions for the termination of the labor contract in addition to the circumstances of termination of the labor contract as stipulated in Article 44 of the Labor Contract Law.

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.

Legal Analysis: If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee 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.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal analysis: When the company terminates the labor contract signed with the employee, it needs to pay economic compensation to the employee. If the employer does not pay, the employee may apply to the labor dispute arbitration commission where the employer is located.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

Summary. Hello, I am honored to be able to answer the normal process of terminating the labor contract for you: 1. Proposal for termination of labor contract: both the company and the employee have the right to terminate the labor contract; 2. Reach an agreement:

The two sides reach an agreement on the basis of voluntary and equal consultation; 3. Work handover: the employing department arranges employees to handle work handover in accordance with relevant regulations; 4. Settlement of salary and economic compensation: After the employee completes the handover of work, the finance department shall settle and pay the employee's salary; If the company proposes to terminate the contract, it shall also settle and pay the employee's economic compensation; 5. Termination of labor contract:

After the above process is completed, the labor contract shall be terminated as agreed by both parties; 6. Issue a resignation certificate: When the labor contract is terminated, the human resources department will issue a certificate of termination of the labor contract, and handle the transfer procedures of file and social insurance relationship for the employee within 15 days; 7. Filing: The original text and original electronic files of the terminated labor contract shall be filed and kept for at least two years for future reference.

Hello, I am honored to be able to answer the normal process of terminating the labor contract for you: 1. Proposal for termination of labor contract: both the company and the employee have the right to terminate the labor contract; 2. Reach an agreement: the two parties reach an agreement on the basis of voluntary and equal consultation; 3. Work handover:

There is no department to arrange employees to handle the handover of work in accordance with relevant regulations; 4. Settlement of salary and economic compensation: After the employee completes the handover of the work of Hena, the finance department shall settle and pay the employee's salary; If the company proposes to terminate the contract, it shall also settle and pay the employee's economic compensation; 5. Termination of labor contract: After completing the above process, the labor contract will be terminated as agreed by both parties; 6. Issue a resignation certificate

At the time of termination of the labor contract, the Human Resources Department shall issue a certificate of termination of the labor contract, and handle the procedures for the transfer of files and social insurance relations for the employee within 15 days; 7. Filing: The original text and original electronic files of the terminated labor contract shall be filed and kept for at least two years for future reference.

Is this also true if it is the process of employee termination of employment contract?

Hello, yes, this is the normal process of terminating an employment contract.

What are the procedures?

Hello, this depends on how the company's personnel needs to be arranged, and it is generally necessary to apply for resignation and handover of resignation.

1. When the labor contract period is full, if the worker engaged in the operation that is exposed to occupational disease hazards does not carry out the occupational health examination before leaving the job, he can only terminate it after the occupational health examination is confirmed to be okay 2. When the labor contract expires, if the suspected occupational disease patient is in the period of diagnosis or medical observation, the contract can only be terminated after the diagnosis of non-occupational disease at the end of the medical observation period 3. When the labor contract expires, if the worker suffers from an occupational disease or is injured at work in the unit, it depends on the level of disability: level 1 to 4If an employee is identified as having a first-grade to fourth-grade disability due to work-related disability, the employee shall retain the labor relationship, withdraw from the job, and the labor relationship with the employer shall not be terminated upon the expiration of the contract, and the employer shall arrange appropriate work, but the employee may propose to dissolve or terminate the labor relationship. Labor Contract Law of the People's Republic of China Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract and if the employer does not require the continued performance of the labor contract or the labor contract cannot be continued to be performed, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.

In other words, the employee can choose to continue to perform the contract, or ask the employer to pay compensation equivalent to twice the economic compensation.