Notice of termination of labor contractBasic introduction
The termination of a labor contract refers to the early termination of the performance of the labor contract by both parties, ending the labor rights and obligations of both parties. Regarding the termination of enterprise labor contracts, most countries have their own legislative provisions and strict restrictions and procedures.
Notice of termination of labor contractBasic conditions
1. Conditions for the employer to terminate the contract
(1) When an employee meets one of the following circumstances, the employer may directly terminate the labor contract without giving notice to the employee:
① Unqualified for use, that is, being proven not to meet the employment conditions during the probation period;
② Serious violation of discipline, that is, serious violation of labor discipline or enterprise rules and regulations;
③ Causing damage to the enterprise, that is, serious dereliction of duty, malpractice for personal gain, and causing significant damage to the interests of the enterprise;
④ Bear criminal responsibility, that is, be held criminally responsible according to law.
(2) When an employee meets one of the following circumstances, the employer may also terminate the labor contract, but must notify the employee in writing 30 days in advance:
①The employee is sick or injured on the job, and after the medical treatment period expires, he is unable to engage in the original job or another job arranged by the employer;
②The worker is incompetent for the job and remains incompetent after training or position adjustment;
③The objective circumstances on which the enterprise labor contract was concluded have undergone major changes, making it impossible to perform the original contract, and the parties cannot reach an agreement on changing the contract through negotiation.
(3) The employer can also terminate the enterprise's labor contract through layoffs, but it must meet the following conditions:
① When an enterprise is on the verge of bankruptcy and undergoing legal reorganization, it is necessary to lay off employees;
② The enterprise's production and operation conditions are in serious difficulties and it is necessary to lay off employees.
However, the employer shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department.
2. Conditions for workers to terminate the contract
(1) Under normal circumstances, when an employee terminates a labor contract, he or she must notify the employer in writing 30 days in advance;
(2) Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:
①During the probation period;
②The employer uses violence, threats or illegal restrictions on personal freedom to force labor;
③The employer fails to pay labor remuneration or provide labor conditions as stipulated in the labor contract.
The editor recommends:
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