Contents of termination of labor contract template
(1) When an employee meets one of the following circumstances, the employer may also terminate the labor contract, but it 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 not qualified for the job, and after training or adjusting the position, he is still not qualified for the job
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.
(2) 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
But 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 administration department
Other matters regarding termination of labor contract template
1. Preliminary link for contract termination. The labor legislation of many countries stipulates that before the employer issues a notice to terminate the contract relationship with the employee, it must go through some necessary steps:
(1) Criticize and educate workers, impose disciplinary sanctions or lift warnings, etc.
(2) Solicit the opinions of the trade union or relevant employees; report to the competent department or administrative authority and obtain approval
2. Sign an agreement to terminate the contract or issue a notice to terminate the contract. The termination of a contract generally requires both parties to sign a written agreement in accordance with the law regarding the date of termination and legal consequences; the termination decided by one party must also require the decision-making party to issue a written notice to the other party.
3. The post-processing step of contract termination. After the parties to a contract sign an agreement or issue a notice to terminate the contract, they must go through the following specific steps according to law:
①The trade union came forward. The trade union has the right to express its own opinions on the termination of the relevant contract. The party terminating the contract, especially the enterprise managers, should carefully study and treat the opinions of the trade union.
②Dispute handling. If a dispute arises due to contract settlement, it will need to be resolved through mediation, arbitration, litigation or other methods.
③Filing. The basis of the contract must also be reported by the enterprise to the competent department or administrative authority for filing.
The editor recommends:
The labor contract termination template is a free template. You can download the source file for you to edit, modify and replace. Huajun Software Park also providesTransport contract template,Internship contract templatedownload.
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