Notice of change, termination, and termination of labor contract

[Legal Education Network] Notice of change, termination, and termination of labor contract

After the agreement between the two parties, the labor contract signed on the date of the year is changed as follows:

The contents of the labor contract change:

Party A:

Party B:

year month day

Attester:

Forensic authority:

year month day

Note: The labor contract is changed in triplicate, one for each party and the forensic authority.

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Termination and termination of labor contract notice

Comrade:

The labor contract of the annual term signed with Party A on the date of the year and the end of the labor contract is now terminated due to the expiration of the labor contract.

According to the relevant regulations, it is eligible for economic compensation, and is paid equal to the monthly salary of the person.

Party A:

Party B:

year month day

Note: The labor contract is changed in triplicate, and each of the two parties, the unemployed employee management agency.

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Description of change, termination, and termination of labor contract notice

The change of the labor contract means that the parties to the contract negotiate and change the terms of the contract, and the parties execute the terms according to the change. The termination and dissolution of the labor contract means that the legal contract is no longer fulfilled after the legal cause or the agreement agreed by the parties. According to the Labor Law of the People's Republic of China and the regulations of the relevant state departments, the change, termination and dissolution of the labor contract must follow the principle of fairness and reasonableness. The issues that the parties to the contract should pay attention to when changing, terminating or terminating the labor contract are:

First, the labor contract can be lifted by the parties to the labor contract. If the laborer has one of the following circumstances, the employer may terminate the labor contract: 1 it is proved that it does not meet the conditions of employment during the trial period; 2 serious violation of labor discipline or employer's rules and regulations; 3 serious dereliction of duty, malpractice, employer Unit damage caused significant damage; 4 was investigated for criminal responsibility according to law.

Second, in any of the following circumstances, the employer may terminate the labor contract, but the laborer shall be notified in writing 30 days in advance: 1 the worker is sick or not injured by work, and cannot work in the original work after the medical treatment expires. It is also impossible to engage in work that is otherwise arranged by the employer; 2 the laborer is not qualified for the job, and after training or adjusting the position, he is still not qualified for the job; 3 the objective situation on which the labor contract was based was significantly changed, resulting in the original labor contract. Unable to perform, the parties can not reach an agreement on changing the labor contract after negotiation.

Third, if the employer is on the verge of bankruptcy during the statutory rectification period or if the production and operation situation is seriously difficult, if it is necessary to reduce the number of personnel, it should explain the situation to the trade union or all employees 30 days in advance, and listen to the opinions of the trade union or the employees. After reporting to the labor administrative department, Can cut staff. If the employer reduces personnel in accordance with the provisions of this Article and hires personnel within 6 months, it shall give priority to the personnel who have been laid off.

Fourth, in any of the following circumstances, the employer cannot terminate the labor contract: (1) suffering from an occupational disease or injury due to work and being confirmed to be lost or partially incapacitated; 2 sick or injured, within the prescribed medical period; Female workers during pregnancy, childbirth, breastfeeding; 4 other circumstances as stipulated by laws and administrative regulations.

Fifth, the employer terminates the labor contract. If the trade union considers it inappropriate, it has the right to make an opinion; if the employer violates laws, regulations or labor contracts, the trade union has the right to request re-processing; if the laborer applies for arbitration or initiates a lawsuit, the trade union shall Give support and help.

Sixth, if the laborer requests to terminate the labor contract, it shall notify the employer in writing 30 days in advance. However, during the probationary period, or when the employer forces labor by means of violence, threats or illegal restrictions on personal freedom, and the employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract, the employee may at any time Lift the contract.

Seventh, after the termination and termination of the contract, the economic compensation for the laborer shall be paid by the employer at one time. If the employer deducts or pays the wages of the laborer unreasonably, and refuses to pay the laborer to extend the wages of the working hours, in addition to paying the wages of the workers in full within the prescribed time, an economy equivalent to 25% of the wages shall be added. Compensation.

Eighth, if the employer pays the wages of the workers lower than the local minimum wage, it must pay an amount equal to less than 25% of the economic compensation while making up the standard portion. If the labor contract terminates the labor contract by the employer, the employer shall, according to the working years of the employee in the unit, issue an economic compensation equivalent to one month's salary for each full year, up to a maximum of 12 months. . Economic compensation is paid according to the one-year standard for working hours less than one year.

Ninth, if a worker suffers from illness or is not injured by work, if the labor appraisal committee confirms that he cannot perform the original work or can not engage in the work separately arranged by the employer and terminates the labor contract, the employer shall, according to its working years in the unit, Each year, the economic compensation for the equivalent of one month's salary will be paid, and the medical subsidy for not less than six months' salary shall be paid. For serious illness and terminal illness, the medical subsidy shall be increased, and the serious illness will increase. Some are not less than 50% of the medical subsidy, and the increase in terminal illness is not less than 100% of the medical subsidy. Laborers are not qualified for work. After training or adjusting their jobs, they are still unable to perform their duties. If the employer terminates the labor contract, the employer shall, according to the number of years of work in the unit, and work for one year, send one equivalent. The economic compensation for monthly wages is no more than 12 months.

Tenth, the objective situation based on the conclusion of the labor contract has undergone major changes, resulting in the inability of the original labor contract to be fulfilled. After the parties have negotiated, the agreement on the change of the labor contract cannot be reached. If the employer terminates the labor contract, the employer shall be the employee in the unit. The length of work, the working time is equal to one year, and the economic compensation is equivalent to one month's salary.

Eleventh, if the employer is on the verge of bankruptcy during the statutory rectification period or if the production and operation situation is seriously difficult and the personnel must be reduced, the employer shall pay the economic compensation according to the number of years of the reduced personnel working in the unit. For every one year of working in this unit, an economic compensation equivalent to one month's salary is paid.

Twelfth, after the employer has terminated the labor contract and fails to provide economic compensation to the laborer in accordance with the regulations, in addition to the full amount of economic compensation, the additional economic compensation shall be paid at 50% of the amount of the economic compensation. The economic compensation fund shall be included in the cost of the enterprise, and shall not occupy the welfare expenses that the enterprise shall withdraw according to the prescribed ratio.