How to Terminate an Employment Contract 120

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

Article 36 The employer and the worker 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.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

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.

So your rights can be guaranteed.

Because you have handled the work handover, then you can go back to Company A directly to go through the resignation procedures. Such information will not enter the file, and there is no problem with the transfer of social security. This is because this is a legal obligation of the employer.

If you don't, you can go to the local labor office and complain. As soon as you complain, you will do it. Of course, Company B will not sign a resignation form for you, and Company A may not go through the resignation procedures for you.

If you encounter such a problem, you don't have to worry, you can go directly to the labor to complain to them, and the labor bureau will also deal with these two units.

Besides, you don't have an employment contract with Company B, and he doesn't have the right to be fired. It shows that they do not understand labor laws.

Good luck.

First, you need to write a written application for terminating the labor contract one month in advance, the second application needs to make a copy by yourself, the third application needs to be formally submitted, the fourth one month later to go through the resignation procedures, and the fifth is if the other party intends to make it difficult, contact labor arbitration!! Don't look at the law, you'll be dizzy! Just do it in order!

1. Regarding resignation, complain to the labor inspection department or apply for labor arbitration.

2. Social security can be renewed in accordance with the law.

3. If the employee complains to the labor inspection department or applies for labor arbitration, the employee has the right to resign without the consent of the other party.

There are several ways to terminate a labor contract:

1. The contractual relationship can be terminated when the agreed termination conditions are established;

2. The contractual relationship can be terminated after the parties to the contract reach an agreement to terminate the contract through negotiation;

3. In the event of a force majeure natural disaster, the contractual relationship can be terminated when the contract cannot be fulfilled.

When an employee terminates a labor contract, he or she shall notify the employer in writing three days in advance, i.e., the employee only needs to give advance notice.

Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:

1. A labor contract should be concluded but has not been concluded;

2. During the probationary period;

3. The employer compels labor by means of violence, threats or illegal restrictions on personal freedom;

4. The employer fails to pay labor remuneration or provide labor prerequisites in accordance with the labor contract.

Legal basis] Civil Code of the People's Republic of China

Article 562: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 agreement. 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 its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Legal analysis: The two parties to the labor contract are equal civil subjects, and the contractual relationship can be terminated when the agreed termination conditions are established; If the parties to the contract reach an agreement to terminate the contract through negotiation, the contractual relationship can be terminated immediately; In the event of a natural disaster of force majeure, the contractual relationship can be terminated if the contract cannot be fulfilled.

Legal basis: Article 32 of the Labor Law of the People's Republic of China In any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer.

1) During the probationary period;

2) Employing people to bury themselves in a single tomb and forcing labor by means of violence, threats, or illegal restrictions on personal freedom;

3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

There are three types of circumstances in which a labor contract can be terminated:

1. The contractual relationship can be terminated when the agreed termination conditions are established;

2. The contractual relationship can be terminated after the parties to the contract reach an agreement to terminate the contract through negotiation;

3. In the event of a natural disaster that is irresistible and cannot be fulfilled, the contractual relationship can be terminated.

Materials for the filing of labor contracts.

The company has to apply for five insurances for employees, and some areas of the labor contract must go to the labor bureau for the record.

1. Labor contracts signed by enterprises within the jurisdiction and branches of foreign-invested enterprises in other places within the jurisdiction and workers who have formed labor relations with them.

2. Materials required for declaration when filing the labor contract:

1) The newly established employer shall provide a copy of the business license issued by the administrative department for industry and commerce. If it is a legal entity, the identity certificate or power of attorney of the legal representative shall be provided at the same time; If it is not a legal entity, the identity certificate of the principal responsible person and the power of attorney of the competent department at a higher level shall be provided at the same time;

2) Recruitment of personnel for the record, labor contract for the record roster and the text of the labor contract;

3) If the employee is accepted by the new employer within 10 days of dissolving or terminating the labor contract with the original employer, the employee shall hold a certificate of dissolution or termination of the labor contract;

4) The employer and the employee shall go through the formalities for filing the labor contract within 10 working days after signing the labor contract;

5) In the course of merger, division, merger, joint venture, cooperation and restructuring of the employer, the employees collectively transfer the work unit, etc., with relevant documents or certificates;

6) If the labor contract is changed, the original recruitment personnel shall be held for the employment record, the labor contract filing roster, the labor contract change roster, and the labor contract text;

7) If the labor contract is renewed, the original employment record, labor contract record, roster of labor contract changes and the text of the renewed labor contract shall be held.

Legal basis: Article 562 of the Civil Code of the People's Republic of China.

The parties may terminate the contract by consensus. The parties may agree on the grounds for one party to terminate the contract. In the event that the reason for terminating the contract occurs, the person with the right to terminate the contract may terminate the contract.

Article 24 of the Labor Law: A labor contract may be terminated upon the agreement of the parties to the labor contract. Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to engage in the original job or the work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation. Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department. Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.

Article 91 Where an employer infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the laborer, and may also order the payment of compensation: 1) Withholding or defaulting on the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers at a rate lower than the local minimum wage standard; (4) Failing to give economic compensation to the laborer in accordance with these laws and regulations after the termination of the labor contract.

Legal analysis: There are three types of termination of labor contracts: negotiated termination, statutory termination and agreed termination. The termination of a labor contract is a foreseeable intermediate link in the process from the conclusion to the performance of the labor contract, and the termination of the labor contract in accordance with the law is an important guarantee for safeguarding the legitimate rights and interests of both parties to the labor contract.

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

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

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

Method of terminating the labor contract: the employer and the employee shall terminate the contract through consultation; The employee shall notify the employer in writing 30 days in advance of the termination; or when the employer fails to provide working conditions, arrears of wages, etc., the employee shall exercise the right of unilateral termination.

1. Is there any compensation for the termination of the labor contract?

Subject to the labor agreement. The Labor Contract Law does not apply to the employment relationship between the employer and the retiree, so there is compensation for the non-closed side, but liquidated damages can be claimed.

A labor contract refers to a civil contract for services provided to the society in the form of labor, which is an agreement reached by the parties on a certain service and the results of the service through equal consultation. It is generally generated between units of independent economic entities, between citizens, and between them.

A labor contract is not a labor contract, and from the perspective of legal suitability, the labor contract is subject to the adjustment of the Civil Code and other civil laws, while the labor contract is subject to the adjustment of the labor law and relevant administrative regulations.

2. What should be paid attention to when terminating a labor dispatch contract?

The employer may return the dispatched worker and the dispatching unit may terminate the labor contract.

The relationship between the employer and the dispatched worker is not an employment contract. According to Article 39 of the Labor Contract Law, the employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) It is proved that they do not meet the employment requirements during the probationary period;

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

3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of 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 employer, or refuses to make corrections upon the employer's request;

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

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

It can be seen that the employer can only return the dispatched worker because the employee does not meet the employment requirements or has seriously violated discipline and law, so that the labor dispatch unit can terminate the labor contract in accordance with the provisions of the Labor Contract Law.

The Labor Contract Law includes the circumstances of the termination of the tripartite relationship in the dispatch relationship, which is conducive to the legalization and standardization of the circumstances of the termination of the labor dispatch contract, the clarification of the relationship and the settlement of disputes, the construction and development of harmonious and stable labor relations, and the protection of the legitimate labor rights and interests of employers and employees.