How do I terminate an online employment contract?

According to Article 36 of the Labor Contract Law, the employer and the employee may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Therefore, after notifying the employer in writing 30 days in advance of the termination of the labor contract, it is enough to ask the company's human resources department to stop your contract online. If it doesn't stop, the contract of the new employer cannot be filed online.

The termination of a labor contract refers to the early termination of the legal effect of the labor contract by both parties and the termination of the rights and obligations of both parties. Modification of the labor contract: refers to the amendment, addition or deletion of the terms of the labor contract that has been established in accordance with the law and has not yet been performed.

How do I cancel it? Am I still an employee of that unit? ：

You can understand it this way: in fact, and in the legal sense, you have terminated the employment contract with the original employer and are no longer an employee of the original employer. It's just that there is also information that interferes with the staff of the unemployment certificate processing unit in the form (on the Internet), so I suggest you do this:

First, get the paper copy of the labor contract you gave to the employer to explain and explain to the unemployment certificate handling agency; The second is to find the original employer to handle the termination online. Follow-up: If he doesn't give me a dismissal, I should complain!

It's great if the original employer doesn't dismiss you, it means that you are still an employee of their unit, and let them pay your salary.

Legal Analysis: The steps to terminate an employment contract online are:

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;

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 the labor contract: After the above procedures are completed, the labor contract will be terminated as agreed by both parties;

6.Issuance of 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.

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.

The steps of online termination of labor contract are different according to different circumstances, and the process is different: Proposal for termination of labor contract: both the company and the employee have the right to terminate the labor contract; Agreed:

The two sides reach an agreement on the basis of voluntary and equal consultation; Work handover: The employing department arranges employees to handle work handover in accordance with relevant regulations; settlement of salaries and financial compensation; Termination of the labor contract: After the completion of the above process, the labor contract shall be terminated as agreed by both parties; Issuance of a certificate of resignation; Filing:

The original text and original electronic files of the terminated labor contract shall be filed with Zhengxing and kept for at least two years for future reference. Legal basis, Article 36 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Termination of Labor Contract through Negotiation] The employer and the employee may terminate the labor contract if they reach a consensus through consultation. (1) During the probationary period, it is proved that they do not meet the requirements for employment; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances stipulated in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Article 39 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Unilateral Termination of Labor Companion Contract by Employer (Wrongful Dismissal)] The employer may terminate the labor contract if the employee wantonly sings any of the following circumstances:

(1) During the probationary period, it is proved that they do not meet the requirements for employment;

(2) Seriously violating the rules and regulations of the employer;

(3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer;

(4) 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 unit, or refuses to make corrections after being proposed by the employer;

(5) The labor contract is invalid due to the circumstances stipulated in Item 1, Paragraph 1 of Article 26 of this Law;

(6) Those who have been pursued for criminal responsibility in accordance with law.