Company conditions for termination of labor contract template
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 Failure to pass probation, 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
③Causing 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 for reasons other than work. 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.
Company termination of labor contract template termination form
The termination of a labor contract refers to the early termination of the labor relationship by one or both parties to the labor contract for some reason after the labor contract is concluded but before it is fully performed. After the labor contract is concluded, both parties shall perform their respective obligations in accordance with the provisions of the labor contract, and neither party shall terminate the contract at will. However, when certain special circumstances occur and it becomes impossible or unnecessary to continue to perform the labor contract, or it will cause significant damage to the interests of one or both parties, the two parties may terminate the labor contract in accordance with the law.
The termination of a labor contract is divided into two types: statutory termination and agreed termination. The legal consequences caused by the termination of a labor contract are roughly the same as those caused by the termination of a labor contract.
Statutory termination refers to the act of one or both parties terminating the labor contract when circumstances stipulated in labor laws and regulations occur during the performance of the labor contract. In the case of statutory termination, one party may terminate the contract in accordance with the conditions and procedures stipulated in labor laws and regulations without negotiating with the other party or obtaining the consent of the other party.
“ Termination by agreement means that during the performance of the labor contract, when one or both parties believe that it is no longer necessary to continue to perform the contract, they can terminate the labor contract after reaching an agreement with the other party through negotiation. Different from statutory rescission, stipulated rescission cannot be decided independently by one party, but must be the behavior of both parties. The conditions for rescission are not necessarily the occurrence of circumstances stipulated in laws and regulations, as long as both parties reach an agreement based on their true expression of intention. .
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The company’s 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 providesSecurity service contract template,Unfixed term labor contract templatedownload.
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