How do I terminate the contract with the dispatch company, and how do I terminate the contract with

Is there an employment contract? If the employment contract company pays social insurance to you, then you have to submit a written application one month in advance. If it is a labor contract, you can leave the company after the salary is paid.

But no matter how we sign it, we must hand over all the work when we leave the company, so as not to leave a bad impression on our colleagues in the place where we work. Now I want to start my own business, and I think about it from the perspective of my boss, if your employee leaves, what he will do to feel that the ending is a happy one. Even if we can't continue to work together, we know each other after all.

Is it an employment contract? If you resign, you must submit a resignation report one month in advance, even if the employer is unwilling to let you go, but you are not at fault in the legal process, pay attention to retaining evidence. As for the liquidated damages stipulated in the contract, it depends on whether you are trained, technical confidentiality and non-competition restrictions.

The method of terminating the labor contract between the dispatched worker and the dispatching entity: the termination is agreed upon with the labor dispatch unit; If the labor dispatch entity falls under one of the circumstances provided for in Article 38 of the Labor Contract Law, the employee unilaterally terminates the service; If the dispatched worker is dismissed for negligence or non-negligence, the employer shall return the labor contract and the labor dispatch unit shall terminate the labor contract in accordance with the law. The labor dispatch company and the employing unit may terminate the labor dispatch agreement through consensus.

1. What is the difference between labor dispatch and regular employment?

The difference between a dispatched worker and a regular worker is mainly focused on the salary income and benefits, the wages of the labor dispatch workers are generally paid by the labor dispatch company, while the regular workers are paid directly by the employer. In addition, there are the following differences: 1. The dispatched employee is a labor relationship established with the labor dispatch company, not the employing unit; 2. The social insurance of dispatched employees is paid by the dispatch company; 3. The employer shall fulfill the corresponding obligations to the dispatched employees; 4. The employer shall not re-dispatch the dispatched worker to another employer.

2. What qualifications do labor dispatch enterprises need to have?

Labor dispatch companies need the following qualifications:

1. The registered capital shall not be less than RMB 2 million;

2. Have a fixed business premises and facilities suitable for carrying out business;

3. Have a labor dispatch management system that complies with laws and administrative regulations;

4. Other conditions stipulated by laws and administrative regulations.

To operate labor dispatch business, it shall apply for an administrative license from the labor administrative department in accordance with the law; If it is permitted, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business.

The labor dispatch entity shall inform the dispatched worker of the content of the labor dispatch agreement, and shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement, and shall not collect fees from the dispatched worker. If a labor dispatch entity dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the place where the employing unit is located.

3. Can labor dispatch sign a contract directly with the unit?

Labor dispatch workers are labor contracts signed between workers and labor dispatch workers, and there is no need to sign any contract or agreement between the employer and the labor dispatch workers. In addition to the matters of the ordinary labor contract, 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 job position, etc.

Article 65 of the Labor Contract Law of the People's Republic of China.

The dispatched worker may terminate the labor contract with the labor dispatch entity in accordance with the provisions of Articles 36 and 38 of this Law.

If a dispatched worker falls under the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law, the employing unit may return the worker to the labor dispatch unit, and the labor dispatch unit may, in accordance with the relevant provisions of this Law, terminate the labor contract with the worker.

1. Both parties agree to terminate the labor contract through consultation, but need to pay economic compensation in accordance with the provisions of the Labor Contract Law.

2. If the negotiation is inconsistent, the company can unilaterally terminate the labor contract, but needs to pay economic compensation.

3. The employee may request the termination of the labor contract in writing 30 days in advance.

1. Do I have to compensate for the company's dismissal?

Under any of the circumstances provided for in Article 26 of the Labor Law, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance.

In addition, the standard of compensation for termination of the labor contract is calculated based on the employee's years of service and the salary of the 12 months prior to the termination of the contract. The cherry blossom shed is noisy.

If the employer illegally terminates the labor contract, it shall pay the economic compensation at twice the standard of economic compensation.

2. What should I do if the employer does not approve the resignation of the employee?

According to the Labor Contract Law, if an employee wants to resign and leave, he only needs to take the initiative to reach an agreement with the employer, but generally if he resigns voluntarily, he will not be entitled to the statutory economic compensation. If the employer does not agree to the employee's resignation and the employee insists on resigning, the employee must notify the employer in writing 30 days in advance, and the employee can naturally terminate the labor contract with the employer after 30 days of notification, which is the right to resign under the law.

3. Compensation standards for dismissed employees of public institutions.

The compensation standards for the termination of labor contracts by public institutions are not significantly different from those of ordinary employers, which are summarized below. 1. Fault rescission, also known as "rescission at any time", is aimed at the situation where the employee is at fault. In this case, the employer does not need to give the employee 30 days' written notice in advance, and may terminate the employment contract at any time.

In addition, the employer is not required to pay the employee severance for terminating the employment contract because the employee is at fault. 2. Non-fault termination, also known as "notice termination". In this case, the employer has the right to unilaterally terminate the employment contract only if it performs the procedures prescribed by law, i.e., it notifies the employee in writing 30 days in advance or pays the employee an additional month's salary, and the employer shall pay severance to the employee.

3. The severance compensation for the termination of the labor contract shall be paid to the employee according to the standard of one month's salary for every full year of the employee's service in the employer. if it is more than 6 months but less than 1 year, it will be calculated as 1 year; If it is less than 6 months, the worker shall be paid half a month's salary as economic compensation. And there are minimum and maximum limits.

4. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, the employee has the right to request the employer to continue to perform the contract or claim compensation at twice the amount of the economic compensation.

Labor Contract Law of the People's Republic of China

Article 36 [Termination of Labor Contract through Negotiation] The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal Analysis: If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to take risks and infiltrate the industry and endanger the personal safety of the employee, the employee may terminate the labor contract immediately without prior notice to the employer.

Legal basis: Article 65 of the Labor Contract Law of the People's Republic of China provides that the provisions on the termination of the tripartite relationship in the dispatch relationship are basically the same as the provisions of this Law on the termination of the labor contract.

The contract with the dispatch company and the dispatched entity can be terminated in the following cases:

1. The labor dispatch unit and the unit employing the employee in the form of labor dispatch fail to comply with the labor protection or working conditions agreed in the labor contract;

2. The labor dispatch unit fails to pay the labor remuneration in time and in full, and the labor dispatch unit fails to pay social insurance premiums for the workers in accordance with the law;

3. The rules and regulations of labor dispatch units and units employing employees in the form of labor dispatch violate the provisions of laws and regulations and harm the rights and interests of workers;

4. The labor dispatch unit uses fraud, coercion or taking advantage of the danger of the worker to make the worker conclude or change the labor contract against his true intentions.

1. Whether a contract is required for labor dispatch.

An agreement should be concluded for labor dispatch.

The labor dispatch agreement shall stipulate the terms of the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement. The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

During the period of dispatch to Party A, the labor dispatch personnel shall enjoy the benefits, labor insurance, work, study, rest and other treatments stipulated by Party A, as well as the rights of evaluation and evaluation, and Party A shall be responsible for the implementation of their daily management work, safety education, monthly evaluation, quarterly evaluation and annual assessment. In the event of a work-related injury to a labor dispatch employee, the original salary and benefits shall remain unchanged and shall be paid by Party A on a monthly basis.

2. Should the company that signed the third-party contract go?

The main purpose of the company is to reduce costs, and it can also avoid signing an indefinite employment contract with the employee. The company doesn't want to have a direct labor relationship with you, and the company wants to avoid some problems. This situation is currently adopted by many employers.

Workers who sign such contracts are considered to be dispatched workers. That is, the company entrusts a labor dispatch company, and the labor dispatch company signs a labor contract with you, and the labor dispatch company then assigns the employee to the employee's current unit, and the current unit is the actual employer, thus forming a tripartite form of labor dispatch. The labor relationship is established with the labor dispatch company, the labor relationship is formed with the employing unit, and the civil relationship is formed between the two companies.

The relationship of rights and obligations between them is determined by signing a tripartite agreement. The employer shall pay the dispatch fee to the labor dispatch company in accordance with the agreement, and pay the labor remuneration and social insurance premiums to the forced worker; The employer is responsible for the actual employment and management of the worker. This type of employment is clearly regulated in the Labor Contract Law and is regulated by the Labor Law.

According to Article 65 of the Labor Contract Law, a dispatched worker may terminate a labor contract with a labor dispatch entity in accordance with Articles 36 and 38 of this Law.

The labor contract can be terminated under the following circumstances: 1. The labor dispatch unit and the unit employing the employee in the form of labor dispatch fail to comply with the labor protection or working conditions agreed in the labor contract; 2. The labor dispatch unit fails to pay the labor remuneration in time and in full, and the labor dispatch unit fails to pay social insurance premiums for the workers in accordance with the law; Legal basis:

Article 65 of the Labor Contract Law of the People's Republic of China A dispatched worker may terminate a labor contract with a labor dispatch entity in accordance with the provisions of Articles 36 and 38 of this Law. If a dispatched worker falls under the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law, the employing unit may return the worker to the labor dispatch unit, and the labor dispatch unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law.