1. Before the termination of the labor contract, the labor relationship between the employee and the employer still exists.
2. The employee signs the Notice of Termination of Labor Contract, and then goes through the handover procedures, indicating that both parties have reached an agreement on the termination of the labor contract and agreed to terminate the labor contract relationship. However, this does not mean that the labor contract relationship between the two parties has been terminated since the employee signed the notice.
3. The practical significance of signing the notice is to show that the employee has received the notice issued by the unit. According to the relevant regulations: "If a laborer performs relevant obligations to terminate or dissolve the labor contract, the employer shall issue a certificate of termination or dissolution of the labor contract as a certificate for the laborer to enjoy unemployment insurance benefits and apply for job registration according to regulations."
4. Therefore, the dissolution of the labor contract should go through certain legal procedures. Before the termination of the labor contract, the labor relationship between the laborer and the employer is still valid.
Article 50 of the Labor Contract Law: Obligations of both parties after the dissolution or termination of the labor contract. The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
5. The employer shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
Second, the conditions for the unit to terminate the labor contract
1, proved to be unqualified for employment during the probation period;
2, a serious violation of the rules and regulations of the employer;
3, serious dereliction of duty, corruption, causing great damage to 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 the Labor Contract Law;
6. Being investigated for criminal responsibility according to law.
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