The termination of labor relations can be divided into many situations. It may be that the labor relationship needs to be dissolved unilaterally under the circumstances stipulated by law, or it may be dissolved under the conditions stipulated in the labor contract. In addition, labor relations can be dissolved by the employee and the employer through consultation. So how to terminate the labor contract relationship? The following small series will answer this question in detail for you, hoping to help you.
I. Termination of negotiations
Termination by negotiation means that the employer and the employee negotiate with each other on a completely voluntary basis and terminate the labor contract in advance on the basis of mutual agreement. In the case that the employer and the employee reach an agreement through consultation and do not violate the public interests of the state and society, the labor contract may be dissolved, but the following conditions must be met:
1. The terminated labor contract is a valid labor contract established according to law;
2. The act of dissolving the labor contract must occur after the dissolved labor contract is concluded and takes effect according to law, but before it is fully performed;
3. If both parties reach an agreement on the basis of voluntary and equal consultation, they may not be restricted by the termination conditions stipulated in the labor contract.
Process: Responsible Department: Human Resources Department; Participating department: the finance department of the user department.
1. propose to terminate the labor contract: both the company and employees have the right to propose to terminate the labor contract;
2. Reaching an agreement: both parties reach an agreement on the basis of voluntary and equal consultation;
3. Work handover: The employing department arranges employees to handle work handover according to relevant regulations;
4. Settlement of salary and economic compensation: after the employee completes the work handover, the finance department will settle the account and pay the employee's salary; If the company proposes to terminate the contract, it shall also settle accounts and pay economic compensation to the employees;
5. Termination of the labor contract: After the above process is completed, the labor contract will be terminated through negotiation between both parties;
6. Issue the certificate of resignation: When the labor contract is dissolved, the Human Resources Department will issue the certificate of dissolution of the labor contract, and handle the transfer procedures of files and social insurance relations for employees within 15 days;
7. Archiving: Archive the original text and electronic documents of the terminated labor contract for at least two years for future reference.
Second, the termination of the law
(1) dissolution of the unit
1, negligent dismissal According to the relevant provisions of the Labor Contract Law, the statutory circumstances of negligent dismissal are:
(1) is proved not to meet the employment conditions during the probation period;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Process: responsible department: human resources department; participating department: finance department of employing department.
(1) Notify the trade union: the employing department/human resources department will notify the trade union of the reasons for the dissolution of the labor contract. The trade union shall put forward opinions, deal with them after studying the opinions of the trade union, and notify the trade union of the results in writing.
(2) Work handover: The employing department arranges employees to handle work handover according to relevant regulations;
(3) Salary settlement: after the employee completes the work handover, the finance department will settle the account and pay the employee's salary;
(4) Termination of the labor contract: the labor contract will be terminated immediately after the work handover is completed and the salary is settled;
(5) Issue a certificate of resignation: When the labor contract is dissolved, the Human Resources Department issues a certificate of dissolution of the labor contract, and goes through the formalities for the transfer of the relationship between files and social insurance for the workers within fifteen days;
(6) Archive: Archive the original text of the dissolved labor contract, the original electronic file and the employee's negligence evidence for at least two years for future reference.
2. No-fault dismissal
According to the relevant provisions of the Labor Contract Law, the legal situation of negligent dismissal is:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
Process: responsible department: human resources department, assisting department: finance department of labor union employing department.
(1) Notify the trade union: the employing department/human resources department will notify the trade union of the reasons for the termination of the contract. The trade union shall put forward opinions, deal with them after studying the opinions of the trade union, and notify the trade union of the results in writing.
(2) Advance notice: The Human Resources Department will notify the employee in writing 30 days in advance (or pay the employee an extra month's salary).
(3) Work handover: The employing department arranges employees to handle work handover according to relevant regulations;
(4) Settlement of salary and economic compensation: After the employee completes the work handover, the financial department will settle and pay the employee salary and economic compensation;
(5) Termination of the labor contract: the labor contract will be terminated immediately after the work handover is completed and the salary and economic compensation are settled;
(6) Issue the certificate of resignation: When the labor contract is dissolved, the Human Resources Department issues the certificate of dissolution of the labor contract, and goes through the formalities for the transfer of the employee's file and social insurance relationship within 15 days;
(7) Archiving: archive the original and electronic files of the dissolved labor contract for at least two years for future reference.
3. Economic layoffs (more than 20 people)
(2) Termination of workers
1, the laborer terminates unilaterally.
According to Article 37 of the Labor Contract Law: "The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. " As long as the employee notifies the company in writing according to the statutory termination notice period, the contract can be terminated.
Process: responsible department: human resources department, assisting department: employing department.
(1) Accepting the written notice of dissolution of the labor contract: the employing department accepts the written notice of employees' dissolution of the labor contract and forwards it to the Human Resources Department;
(2) Work handover: The employing department arranges employees to carry out work handover according to relevant regulations;
(3) Salary settlement: after the employee completes the work handover, the finance department will settle the account and pay the employee's salary;
(4) Termination of labor contract: After the handover of work is completed, the labor contract will be terminated on time;
(5) Issue the certificate of resignation: When the labor contract is terminated, the Human Resources Department will issue the certificate of termination of the labor contract, and handle the transfer procedures of files and social insurance relations for employees within 15 days;
(6) Claim for compensation: If the laborer terminates the labor contract in violation of the conditions stipulated by laws and regulations (termination period and written notice), thus causing economic losses to the employer, he shall be liable for compensation.
(7) Archiving: archive the original and electronic files of the dissolved labor contract for at least two years for future reference.
2. Workers can terminate at any time.
According to Article 38 of the Labor Contract Law: "In any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:
(a) the employer fails to provide labor protection or working conditions in accordance with the provisions of the labor contract;
(two) the employer fails to pay the labor remuneration in full and on time;
(three) the employer fails to pay social insurance premiums for workers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in Article 26 of this Law;
(6) Other circumstances stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance. Process: Responsible Department: Human Resources Department; Assist department: use the financial department of the department.
(1) Accepting the notice of labor contract dissolution: the employing department accepts the notice of employee's labor contract dissolution and forwards it to the Human Resources Department; (except for the law that no prior notice is required. )
(2) Work handover: specifically, the employing department arranges employees to carry out work handover;
(3) Salary and economic compensation settlement: after the employee completes the work handover, the finance department will settle and pay the employee salary and economic compensation;
(4) Termination of the labor contract: the labor contract shall be terminated immediately after the handover of work is completed;
(5) Issue the certificate of resignation: When the labor contract is dissolved, the Human Resources Department issues the certificate of dissolution of the labor contract, and handles the transfer formalities of the employee's file and social insurance relationship within 15 days;
(6) Archiving: archive the original and electronic files of the dissolved labor contract for at least two years for future reference.
Third, the termination of the agreement
Both parties agree on termination conditions in the labor contract. When the conditions are met, the contract will be terminated.
Process: responsible department, human resources department, participating department, and finance department of using department in case of agreement;
(1) Work handover: The employing department arranges employees to carry out work handover according to regulations;
(2) Wage settlement and economic compensation: when the employee completes the work handover, the financial department will settle and pay the employee's salary (if there is any economic compensation, pay it);
(3) Termination of the labor contract: the labor contract will be terminated immediately after the handover of work and the settlement of wages and remuneration;
(4) Issue the certificate of resignation: When the labor contract is dissolved, the Human Resources Department issues the certificate of dissolution of the labor contract, and handles the transfer formalities of the employee's file and social insurance relationship within 15 days;
(5) Archiving: archive the original and electronic files of the dissolved labor contract for at least two years for future reference.
In the above, Bian Xiao introduced several situations and specific processes about the dissolution of labor relations. The way of lifting is different, and its process is different, so we should distinguish it. I believe you have mastered the question "How to terminate the labor contract relationship". If you have any other questions, you can consult Liaocheng lawyers, and we have professional lawyers to answer them for you.