The notice of termination of labor contract refers to the behavior of the employer to terminate the labor contract in advance according to legal procedures and notify the workers in writing for some reason during the labor contract period. Dismissal means that during the contract period, the employer terminates the labor contract in advance according to law for some reason. Although both of them are acts of dissolving labor contracts, they are obviously different in legal sense.
Second, the implementation of the main differences
The main body of the notice to terminate the labor contract is the employer, that is, the employer. If the legal conditions are met, the employer has the right to terminate the labor contract in advance and notify the employee in writing. The main body of dismissal is also the employer, that is, the employer, but it is usually the decision made by the employer because of difficulties in operating conditions and employee performance.
Third, the difference between applicable circumstances and legal consequences
1. Applicable circumstances: Notice of dissolution of labor contract is usually applicable to the following circumstances:
(1) Due to poor operating conditions or other reasons, the employer needs to lay off employees to reduce costs;
(2) The employee has serious violation of discipline and dereliction of duty at work, which makes it impossible for the employer to continue to perform the contract with him;
(3) The employer faces bankruptcy, reorganization and other special circumstances and needs to lay off employees to maintain the business operation.
And dismissal usually applies to the following situations:
(1) The employee has serious violation of discipline and dereliction of duty at work, which makes it impossible for the employer to continue to perform the contract with him;
(2) The employee resigns during the contract period, and the employer does not agree;
(3) During the contract period, the employer needs to lay off employees to reduce costs due to poor operating conditions or other reasons.
2. Legal consequences: After the notice of termination of the labor contract is issued, the labor relationship between the employer and the employee is terminated. If the employer terminates the labor contract illegally, it should bear corresponding legal responsibilities, such as paying liquidated damages and compensation. Dismissal means that the employer terminates the labor contract in advance during the contract period. If an employer dismisses an employee illegally, it must bear corresponding legal responsibilities, such as paying liquidated damages and compensation. For employees who have serious violations of discipline and dereliction of duty in their work, the employer may terminate the labor contract according to law and notify the employees in writing. If the employer disagrees with the employee's resignation during the contract period, it may settle it through consultation with the employee; If negotiation fails, the labor contract may be dissolved according to law, and the employee shall be notified in writing. If the employing unit needs to lay off employees due to poor operating conditions or other reasons, it shall give corresponding compensation or compensation according to law.
How to deal with the notice of termination of labor contract?
1. Negotiate with the employer: Negotiating with the employer is the best way. You can communicate with your employer to find out the specific reasons and legal basis for their decision and try to negotiate a solution. If an agreement can be reached, unnecessary disputes and legal risks can be avoided.
2. Seek legal aid: If you think there is something wrong with the employer's decision, you can seek legal aid. You can consult a professional lawyer or legal aid agency to understand your rights and legal procedures and take corresponding legal actions.
3. Initiate labor arbitration or litigation: If it cannot be resolved through consultation with the employer or after seeking legal aid, it may be submitted to a labor arbitration institution or court for arbitration or litigation. When you file an arbitration or lawsuit, you need to provide relevant evidence to prove that there is something wrong with the decision of the employer in order to safeguard your rights and interests.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 39 If an employee unilaterally terminates (negligently dismisses) a labor contract under any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) 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 Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.