Regarding the termination of the labor contract between the intermediary and the company, how to set

If the intermediary terminates the labor contract with the company, there is no direct relationship with the employee, and if the employee signs the labor contract through an intermediary, the intermediary and the company terminate the labor relationship, and the labor dispatch worker terminates the employment relationship, if the employee establishes an employment relationship with the employer through the intermediary, and the employee and the employer establish an employment relationship, the termination of the cooperation between the intermediary and the employer does not affect the execution of the labor contract between the employee and the employer.

Labor Contract Law

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

Article 17 The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

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 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

If the employee signs a labor contract with an intermediary structure, once the intermediary terminates the cooperative relationship with the company, the relevant employee does not need to be resettled by the company, and the intermediary will place the employee.

The termination of a labor contract refers to the early termination of the labor relationship due to some reason after the conclusion of the labor contract but before it is fully performed. It can be said that the procedures and channels for employees to enter the company are the same, but the reasons and circumstances for each employee to leave are very different. According to the provisions of the Labor Contract Law, there are three main types of termination of an employment contract: unilateral termination by the employee, unilateral termination by the employer, and termination by mutual agreement.

According to the Labor Contract Law, an employee may terminate an employment contract if he/she notifies the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period. The law clearly gives the employee the right to resign, and this right is absolute, and the employee does not need any substantive conditions to unilaterally terminate the employment contract, but only needs to fulfill the obligation of advance notice.

It should be noted that the termination during the probationary period shall be notified in writing, while the termination during the probationary period shall not be required in form, and both oral and written forms are acceptable. There are two main situations in which an enterprise unilaterally terminates an employment contract: one is the unilateral termination of the employment contract due to the fault of the employee, and the other is the unilateral termination of the employment contract not due to the fault of the employee.

The specific conditions for termination shall be stipulated in the Labor Contract Law. Article 36 of the Labor Contract Law of the People's Republic of China stipulates that an employer and an employee may terminate a labor contract if they reach a consensus through consultation. Article 38 of the Labor Contract Law of the People's Republic of China stipulates that if an employer falls under any of the following circumstances, the employee may terminate the labor contract

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract.

2) Failure to pay labor remuneration in full and in a timely manner.

3) Failure to pay social insurance premiums for workers in accordance with the law.

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers.

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law.

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

There are three main ways to terminate the contract with the intermediary: 1. Negotiate the termination; 2. Termination of the agreement; 3. Statutory termination. If the contract is terminated through negotiation, the parties may terminate the contract by consensus, and if there is an agreed or statutory termination, the person with the right to terminate the contract shall notify the other party to terminate the contract.

According to Article 562 of the Civil Code implemented in 2021, the parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563 stipulates that a party may terminate a contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the time limit for performance, one of the parties clearly indicates or shows by its own conduct that it will not perform the main obligation. According to Article 562 of the Civil Code, the parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs. Article 563:In any of the following circumstances, the parties may terminate the contract:

1) The purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by self-evident behavior that it will not perform the main obligation.

1. Advance negotiation to resolve the first dismissal of repentance 2, agreement to terminate 3, and statutory termination. If the contract is terminated through negotiation, the parties to the contract may be terminated by consensus, and if there is an agreed or statutory termination, the person with the right to terminate the contract shall notify the other party to terminate the contract.

Legal basis: Article 562 of the Civil Code of the People's Republic of China provides that the parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Summary. Resignation is a kind of voluntary termination of the labor contract by the employee. This is our common request to the company to terminate the labor contract due to personal reasons, and the labor contract can be terminated by notifying the company 3 days in advance during the probation period and 30 days in writing to the company during the non-probationary period.

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Resignation is a kind of voluntary termination of the labor contract by the employee. This is our common request to the company to terminate the labor contract for personal reasons, notify the company 3 days in advance of the probation period, and notify the company 30 days in advance of the non-probationary period.

If the employee's termination of the employment contract complies with this provision, then the company generally needs to give instructions.

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If the labor dispatch is dispatched to the unit by an intermediary, the employee shall resign and find an intermediary company; If the intermediary only introduces the job, and the employee finally signs a labor contract with the employer, he or she will resign and find an actual employer.

Legal basis] Article 37 of the Labor Contract Law provides that an employee 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.

The intermediary you are talking about should be a labor dispatch company.

According to the provisions of the Labor Contract Law:

1. The relationship between you and the labor dispatch company is that you are an employee of the labor dispatch company.

2. The labor dispatch company and the company you work for are dispatched labor relations, and a dispatch contract is signed between them;

Therefore, if you terminate the labor contract, you should find a labor dispatch company.

According to the actual situation, if the contract signed with the intermediary is a labor dispatch contract, the resignation shall be submitted to the labor dispatch company; If the contract with the intermediary is signed with the employer, the resignation is submitted to the employer.

Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.