Termination Agreement 1 Party A (Employer): Dongguan Minghai Printing and Dyeing Factory Co., Ltd.
Address:No. 1, Nange Road, Nanya Village, Daojiao Town, Dongguan
Party B (employee): Li Meiyan, gender: female, nationality: Han nationality, born on.
ID number:, Address: Guangdong Province
Party A and Party B shall follow the principle of equality and voluntariness in accordance with the Labor Contract Law and relevant laws and regulations.
Based on the principle of good faith and consensus, both parties reached the following agreement on matters related to the dissolution of labor relations after full consultation, and promised to abide by it together:
1. Party A and Party B agree to terminate the labor relationship as of.
Two. Party B confirms that before signing this agreement, Party A has paid all benefits such as salary to Party B according to law, and after signing this agreement, Party A has paid economic compensation to Party B in one lump sum (in words), and Party B voluntarily waives the right to pursue all legal responsibilities of Party A after receiving this compensation.
Three. After the signing of this agreement, the labor rights and obligations of Party A and Party B will be terminated immediately, and Party A and Party B will not hold each other accountable. Otherwise, Party A has the right to demand compensation from Party B, or Party B has the right to demand liquidated damages equivalent to the above compensation from Party A. ..
Four. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Verb (abbreviation of verb) This agreement shall come into effect after being signed or sealed by both parties.
(There is no text below)
Party A: Party B:
Representative signature: (signature and fingerprint)
Date of signature: year month day.
Attachment: Copy of Party B's ID card.
Agreement on Dissolution of Cohabitation Article 2 According to Article 1 of Interpretation of Marriage Law (II), the people's court shall not accept the request for dissolution of cohabitation. However, if the marriage relationship that the parties request to dissolve belongs to "the spouse lives with others" or if the parties request to dissolve the cohabitation place and it involves disputes with their children, the people's court shall try it according to law. Generally speaking, it is about the dissolution of cohabitation. Regardless of the court, the parties can terminate it at will. The court only cares about disputes over child custody, alimony and property division.
As for the so-called "cohabitation agreement" and "agreement to dissolve cohabitation relationship", it is meaningless whether cohabitation relationship is legally binding, but the part about children and property should be binding on both parties if there is no fraud or coercion. However, if there is a dispute, it still needs to be reconfirmed in court. However, the part of the agreement about property and children is legally binding.
Lawyer Chai Hongyun: How to distribute the property during illegal cohabitation?
Core Summary: How to distribute property during illegal cohabitation? Let me answer your question.
Key words: marriage and family, illegal cohabitation of family lawyers, property distribution in Xining, Qinghai
Consultation: With the reform and opening up, social development, economic changes and changes in moral consciousness, illegal cohabitation is more common. How to distribute property during illegal cohabitation?
Chai Hongyun, a marriage and family lawyer in Xining, replied: Illegal cohabitation often leads to property disputes, because during cohabitation, both men and women are likely to contribute unilaterally for the convenience of life, or both parties contribute to buy some necessities, even houses and cars.
Once the feelings of both sides have changed, how to distribute these properties has become a very difficult problem. Moreover, the property disposal during cohabitation is not exactly the same as that of husband and wife. Although the property obtained during illegal cohabitation is treated as * * * and * * * property, it is not treated according to the provisions of the Marriage Law, but is treated according to the principle of equal share in principle, and should be distributed according to the contribution of each party to the property.
According to Article 22 of Opinions of the Supreme People's Court on People's Courts Handling Divorce Cases and Article 10 of Opinions of the Supreme People's Court on People's Courts Handling Cases of Living Together in the Name of Husband and Wife Without Marriage Registration, houses and decoration purchased by both parties during cohabitation shall be treated as ordinary property when the illegal cohabitation relationship is dissolved. Because the cohabiting parties have not registered their marriage and have not formed a legal relationship between husband and wife, the provisions of the Marriage Law cannot be applied to the division of property during cohabitation, but the provisions of the General Principles of the Civil Law and other laws on property disposal should be applied. According to Article 90 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (Trial), "When the relationship between * * * and * * terminates, the division of property of * * * shall be handled in accordance with the agreement; If there is no agreement, it shall be handled according to the principle of equal share, considering the contribution of * * * people to * * * property, and taking proper care of the actual needs of * * * people in production and life. However, the division of marital property shall be handled in accordance with the relevant provisions of the Marriage Law. If there is no agreement, it shall be handled in equal amount, and the actual needs of people's production and life shall be properly taken care of.
To sum up, the legal relationship of illegal cohabitation should be different from the marriage law, but it cannot be divorced from the basic principles of the marriage law. The authors tend to belong to the same property and share it equally according to law.
Lawyer Chai Hongyun: Male, Han nationality: from Minquan County, Henan Province, bachelor of law and accounting, economist. Legal professional qualification certificateNo.: A 2010630104012, lawyer's practice certificateNo.:16301201220299667. He has worked in the Fourth Engineering Bureau of China Ministry of Water Resources and Electric Power and Qinghai Haishan Bearing Factory for more than ten years, and then worked as an accountant in Qinghai Branch of China Construction Bank for more than twenty years. Long-term work experience in many fields has accumulated rich social experience and life experience. Now Qinghai Enze Law Firm is engaged in lawyer work. Lawyers prosper, the rule of law prospers, the rule of law prospers, and the country prospers. This lawyer will provide you with legal services wholeheartedly and take it as his duty to safeguard your legitimate rights and interests.
Lawyer Chai Hongyun: How to dissolve the illegal cohabitation relationship?
Core Summary: How to dissolve the illegal cohabitation relationship? Let me answer your question.
Keywords: marriage and family lawyer, illegal cohabitation in Xining, Qinghai
Consultation: How to dissolve illegal cohabitation?
Chai Hongyun, a marriage and family lawyer in Xining, answered: At present, cohabitation mainly means that both men and women live together as husband and wife without marriage registration. Although cohabitation is a way of life chosen by both parties voluntarily. However, the dissolution of cohabitation is related to child support, property division and remarriage in the future, so we must handle it carefully. As the current laws, regulations and judicial interpretations do not stipulate how to dissolve the cohabitation relationship, in practice, it is handled with reference to the dissolution of the marriage relationship.
There are two ways to dissolve the marriage relationship: one is by agreement, that is, the two parties reach a divorce agreement and go to the marriage registration office for divorce registration, and the marriage relationship is dissolved. The second is the way of litigation, that is, one party sues the other party to the people's court, and the people's court decides divorce or mediates divorce. Regarding the handling of cohabitation cases, Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law (hereinafter referred to as the Interpretation of the Marriage Law) stipulates: "Where a man and a woman live together in the name of husband and wife without registering their marriage as stipulated in Article 8 of the Marriage Law and file a lawsuit for divorce in a people's court, they shall be treated differently: (1) 198. (2) 1 994 February1After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs, the people's court shall inform the illegal cohabiting men and women that they meet the necessary conditions for marriage before accepting the case; If the marriage registration is not handled, it shall be handled as dissolution of cohabitation. "
The first paragraph of Article 1 of Interpretation of Marriage Law (II) stipulates that the people's court will not accept the lawsuit brought by one party requesting to dissolve the cohabitation relationship. However, if the cohabitation relationship requested by the parties belongs to the' cohabitation of a spouse with others' as stipulated in Articles 3, 32 and 46 of the Marriage Law, the people's court shall accept it and dissolve it according to law. According to the above classification of illegal cohabitation, the people's court will not accept the request to dissolve the cohabitation relationship between husband and wife. The people's court shall accept and terminate the illegal cohabitation relationship with the spouse and the spouse. Therefore, the court will not accept the simple dissolution of cohabitation. Although the people's court does not accept the request to dissolve the illegal cohabitation relationship between husband and wife. The dissolution of cohabitation in this paper mainly solves the problems of child support, property division and debt sharing during cohabitation.
When the people's court hears a case of dissolving illegal cohabitation, it shall dissolve illegal cohabitation if it involves the upbringing of illegitimate children and the division of property. When dividing property, we should take care of the interests of women and children, consider the actual situation of property and the fault system of both parties, and divide it appropriately.
According to the Marriage Law promulgated by 1980 and revised in 20xx, as well as some judicial interpretations and other relevant provisions in the Supreme People's Court, in fact, the legislation of de facto marriage in China has undergone a changing process. Specifically, during the period from1August 30, 1984 to1February 30, 1994, if a man and a woman lived together in the name of husband and wife without marriage registration, if they met the conditions for registered marriage, the law recognized the de facto marriage relationship between the two parties, that is, the law recognized the legal relationship between husband and wife rather than the cohabitation relationship.
Lawyer Tian Feng graduated from Guizhou University with a bachelor's degree in law, with high legal literacy, solid theoretical foundation and strict logical thinking ability. Good at marriage and family, inheritance, traffic accidents, personal injuries, industrial accidents, contract disputes, criminal defense and other litigation and non-litigation legal affairs. I hope to give you the greatest help when you are in trouble. You can consult in person or by telephone for free (18608577762), and I will answer your questions carefully and patiently. My service concept is: entrusted by others and loyal to others.
Lawyer Tian Feng: Is illegal cohabitation a crime of bigamy?
Core Summary: Does illegal cohabitation count as bigamy? Let me answer your question.
Keywords: marriage, family and family lawyers living together illegally in Guizhou
Consultation: Does illegal cohabitation count as bigamy?
Tian Feng, a marriage and family lawyer in Bijie, replied: 1. Illegal cohabitation means that men and women live together, but they are neither married nor appear in the name of husband and wife. Others don't think it's husband and wife, and both men and women don't constitute a de facto marriage relationship. Men and women who used to live together illegally in the name of husband and wife were considered husband and wife by others. If one or both parties are married, then the two parties who live together illegally constitute de facto bigamy.
2. Whether it is legal bigamy (that is, both marriages are registered) or de facto bigamy (that is, one marriage is registered by law and the other marriage is a de facto marriage without legal procedures), it constitutes bigamy and should be punished by law.
3. For illegal cohabitation between spouses, since neither party has a marriage relationship, it does not constitute bigamy for either party to register marriage with a third party.
According to the above regulations, illegal cohabitation is a civil law system, while bigamy is both a civil law system and a criminal law system.
Termination Agreement Article 3 Party A:
Party B: ID number:
Through consultation, Party A and Party B unanimously agreed to dissolve the labor relationship between them on, and reached the following agreement for both parties to abide by:
Article 1 Party A shall pay Party B the salary until the year, month and day. All social insurance paid by Party A for Party B will last until. Party B shall transfer its social security, archives, party organization and other relationships within 15 days from the date of dissolution of the labor contract.
Article 2 Party B shall complete the handover of work, return the property borrowed from Party A, settle the financial accounts and leave the company before leaving the company.
Article 3 Before leaving the job, Party B shall still perform his duties, abide by Party A's labor discipline and rules and regulations, actively cooperate with Party A to complete the work handover, return the property borrowed from Party A, settle the financial accounts and go through the resignation procedures.
Article 4 Party A (Yes/No) needs to pay economic compensation to Party B according to law. ..
Upon confirmation by Party B, the average monthly salary of Party B before the signing of this Agreement1February is RMB Yuan, and the working years of Party A are years. Party A will pay economic compensation to Party B in one lump sum after the handover of Party B's work, and Party B will collect it from Party A on.
Or written as: Through negotiation, Party B confirms that Party A needs to pay economic compensation to Party B in one lump sum, and Party B will collect it from Party A..
Article 5 Upon confirmation by Party B, Party B has clearly known all the rights stipulated by relevant laws or policies, and all the remuneration and benefits during Party A's work have been settled. There is no dispute between the two parties, and Party B will no longer claim any rights from Party A on labor relations and other contents.
Article 6 This Agreement shall come into force as of the date of signature by both parties. This agreement is made in duplicate, each party holds one copy, which has the same effect.
Party A: (Seal) Party B: (Signature)
Year, month, sun, moon, sun.
Article 4 of the Agreement on Dissolution of Relationship Male: ID number:
Female: ID number:
Zhu xxx and Wang xxxxx began to live together in 20xx (without marriage registration), but now they can't live together because of emotional disharmony. Therefore, both parties agree to dissolve the cohabitation relationship through consultation, and reach the following agreement on property and child support:
1. Zhu XXXXX and Wang xxxxx dissolve their cohabitation relationship as of the date of signing this agreement.
2. During cohabitation, Wang xxxx managed two barbershops. After the cohabitation relationship is dissolved, Wang xxxx continues to operate, and all items in the store belong to Wang xxxx.
Three. During the period of cohabitation, Wang xxxx rented two facade rooms located at No.20 Chunyuan West Road from Co., Ltd. for 20xx March 1 to 20xx March 1. The rent has been paid, and you shall enjoy all the rights of the two facade houses from the date of signing this agreement.
Four. Zhu xxx agreed to pay Wang xxxx RMB 30,000 in cash, including RMB 20,000 on June 17 of 20xx and RMB10,000 on the date of signing this agreement, and the payment has been completed.
Five, for their respective property and property income during the period of XXX, their respective debts shall be repaid by themselves.
The intransitive verb son was born on June 65438+1October 17, 20xx, and was raised by Zhu xxx after the dissolution of cohabitation. Wang xxx did not bear his son's alimony, and any expenses such as legal responsibilities and large medical expenses that should be borne by his son according to law were borne by Zhu xxx alone. Wang moumou has the right to visit his son, and Zhu moumou must not use an excuse to obstruct him.
Seven, after the signing of this agreement, both parties will promptly announce to their relatives and neighbors the fact that both parties have dissolved the cohabitation relationship.
Eight. This agreement is made in duplicate, one for each party, and shall come into force after being signed by both parties.
Man: woman:
Year, month, sun, moon, sun.
Article 5 Termination Agreement Party A: AAA Company
Address:
Legal representative:
Party B: FFF, female, date of birth: 19,
ID number:
Party B is an employee of Party A's company. On the basis of equality and voluntariness, both parties reached the following agreement on the dissolution of labor relations through friendly negotiation:
1. Both parties reached an agreement through consultation to terminate the labor relationship as of, 20xx.
2. Party A and Party B agree that Party A shall pay Party B RMB compensation (including but not limited to economic compensation, non-competition compensation and other compensation) in addition to the full monthly salary (calculated according to the actual working days).
3. Both parties confirm that there are no other labor disputes and creditor-debtor relations.
4. Rights and obligations of Party A
(1) Party A shall pay Party B 20xx monthly salary in full on 20xx;
(2) Party A shall pay the above-mentioned one-time economic compensation when Party B handles the handover procedures.
If Party A fails to pay the salary or compensation within the above time limit, it shall pay Party B a penalty of two ten thousandths of the unpaid part for each day overdue.
5. Rights and obligations of Party B:
(1) Party B shall go through the resignation formalities within 20xx years.
If Party B fails to go through the resignation formalities within the above-mentioned prescribed time limit, it shall pay a penalty of 5,000 yuan to Party A. If the penalty is insufficient to make up for the losses caused to Party A, Party B shall be responsible for compensation. Party A has the right to deduct from the salary or compensation payable to Party B in priority. Unless Party B is unable to go through the resignation formalities within the above period due to Party A's reasons.
(2) Business secrets
Party B shall keep Party A's business secrets and confidential matters related to intellectual property rights (including but not limited to electronic and documentary materials, personnel or financial data, business, procurement and other relevant data). Party B shall not disclose Party A's confidential information in any way or to any third party. If Party B violates the confidentiality obligation and causes losses to Party A, it shall compensate Party A for all the losses caused thereby.
(3) Non-competition: Within 2 years after the termination of labor relations, Party B shall not work in other enterprises that produce and operate similar products or provide similar services with Party A; Party B shall not operate similar products or provide similar services (including but not limited to) operated by Party A on its own or in joint venture with others. ..
If Party B violates this regulation and causes losses to Party A, it shall be liable for damages.
6. After the performance of this agreement, neither party may bring a lawsuit, arbitration or complaint to the other party for any reason.
7. This agreement shall come into force as of the date of seal or signature by both parties.
8. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party a (seal): AAA co., ltd. party b (signature): FFF.
Authorized representative:
Year, month, sun, moon, sun.