Introduction to labor contract termination agreement
The termination of a labor contract refers to the legal act that causes one or both parties to the labor contract to terminate the labor relationship in advance for some reason after the labor contract is concluded but before it is fully performed. The termination of a labor contract is divided into three types: negotiated termination, statutory termination and agreed termination. According to the provisions of the Labor Law, a labor contract can be terminated by one party in accordance with the law or by negotiation between the two parties. Statutory termination means that when the labor contract can be terminated under national laws, regulations or contracts, the validity of the contract can be terminated naturally or unilaterally early without the unanimous consent of both parties. Termination by agreement means that the parties to the contract negotiate with each other and terminate the effectiveness of the labor contract in advance on the basis of mutual agreement for some reason, on a completely voluntary basis.
Types of labor contract termination agreement
1. Both parties negotiate to terminate the labor contract
The employer and the employee can terminate the labor contract through consensus.
There are no substantive or procedural restrictions on the negotiated termination of a labor contract, as long as both parties reach an agreement and the content, form, and procedures do not violate legal prohibitions and mandatory provisions.
If the employer proposes to terminate the labor contract, the employer shall pay the employee economic compensation for the termination of the labor contract.
2. The employee unilaterally terminates the labor contract
Even when the conditions stipulated by law are met, the employee has the right to unilateral termination without the need for both parties to reach an agreement through negotiation or the consent of the employer. Specifically, it can be divided into advance lifting and immediate lifting.
3. The employer unilaterally terminates the labor contract
Summary: When the conditions stipulated by law are met, the employer has the right to terminate the contract unilaterally without the need for both parties to reach an agreement. It mainly includes three situations: fault-based dismissal, non-fault dismissal and economic layoffs.
The editor recommends:
The labor contract termination agreement template is a free template. You can get the source file by downloading it, which can be edited, modified and replaced by you. Huajun Software Park also providesNotice of termination of labor contract,Part-time labor contractDownload.
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