Can I terminate an employment contract online, and can I terminate an employment contract online

Online termination of employment contracts is not permitted.

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 termination of the labor contract cannot be done online, and a certificate of termination of the labor contract is required. In China's procedural regulations on the termination of labor contracts and the resignation of employees, after the terminated labor contract has completed the handover of work, the employer is required to pay wages at this time, and the employer shall also settle and pay the employee's economic compensation.

1. Can the termination of the labor contract be online?

The steps to terminate an employment contract vary according to different circumstances, and the process is usually as follows:

1. Proposal for termination of labor contract: The company and employees 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 work handover, 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 process is completed, the labor contract shall 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.

2) Termination of the worker.

1. Accept the written notice of termination of the labor contract: The employing department accepts the written notice of the employee's termination of the labor contract and forwards it to the human resources department;

3. Settlement salary: After the employee completes the handover of work, the finance department shall settle and pay the employee's salary;

4. Termination of labor contract: After the work handover is completed, the labor contract is terminated on time;

5. Claim for compensation: If the employee terminates the labor contract in violation of the conditions stipulated by laws and regulations (termination period, written notice), causing economic losses to the employer, he shall be liable for compensation.

6. Filing: The original text and electronic files of the terminated labor contract shall be recorded, and shall be kept for at least two years for future reference.

2. What is the process of terminating an employment contract?

Step 1: The employer notifies the labor union of the facts and reasons for terminating the labor contract and solicits the opinions of the labor union.

The second step is to put forward opinions from the trade union;

Step 3. The employer shall study the opinions of the trade union, make a disposition opinion, and notify the trade union in writing of the result;

Step 4. The employer shall notify the employee in writing of the result, issue a certificate of termination of the labor contract, and inform the employee of his/her right to unemployment insurance benefits in accordance with the regulations;

Step 5. The list of unemployed persons shall be submitted to the social insurance agency for the record within 7 days from the date of termination of the labor relationship, and the procedures for the transfer of files and social insurance relations shall be completed for the workers within 15 days.

In our daily lives, it is impossible to terminate an employee's contract online. Because there is no such thing as a flushing fiber, it is not possible to cancel it online. It's better to honestly go to the relevant handling agency to go through the process, which is more reliable.

Failure to notify in writing does not count as a termination. Because the unit fails to issue the relevant certificate in time, you will be responsible for the loss caused by it.

It is to get the paper copy of the labor contract you terminated to the employer, and ask the unemployment certificate handling agency to explain and explain.

1. Types. 1.The two parties negotiate to terminate the labor contract.

If the employer and the employee reach a consensus through consultation, they may terminate the labor contract.

There are no substantive and procedural restrictions on the termination of an employment contract through negotiation, as long as both parties reach an agreement and the content, form and procedure do not violate the prohibitive and mandatory provisions of the law.

If the employer makes a noise to terminate the labor contract, the employer shall pay the employee severance for the termination of the labor contract.

2.The employee unilaterally terminates the labor contract.

That is, when the conditions prescribed by law are met, the employee has the right of unilateral termination without the need for both parties to reach an agreement through negotiation or to obtain the consent of the employer. Specifically, it can be divided into notice cancellation and immediate release.

1. Cancellation of notice.

Concept: That is, the employee unilaterally terminates the labor contract after performing the advance notice procedure.

There are two situations: 1) The employee may terminate the labor contract by notifying the employer in writing 30 days in advance.

2) The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period.

2. Immediate release:

That is, the circumstances stipulated in Article 38 of the Labor Contract Law. In the cases specified in the first paragraph, the employee may unilaterally terminate the contract.

Note: 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 an employee to perform risky work in violation of rules and regulations, or even endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer. This is a situation in which the termination can be made immediately without prior notice to the employer.

Note: In the above circumstances, the employee is not required to pay liquidated damages, and the employer shall pay economic compensation.

3.The employer unilaterally terminates the labor contract.

Summary: When the conditions prescribed by law are met, the employer has the right to unilaterally terminate without the need for both parties to reach an agreement through negotiation. There are mainly three situations: faulty dismissal, non-faulted dismissal, and economic layoff.

2. Termination of the labor contract.

Concept: 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.